Do Yo Get Arrested Again if You Get a Presentment

The criminal justice system can be very trying and difficult to empathise.  Therefore, nosotros promise to give you a better understanding of what Criminal Court is, how it operates, and how that might affect you and your case.

Misdemeanor and felony cases in District Court stem directly from a warrant signed by a victim or law enforcement officer.  By and large, felony cases tin can make it in Circuit Court one of 3 ways:  by way of indictment, past presentment or past data.

Indictment

Alabama law requires that a g jury render an indictment before someone tin exist called to trial for a felony criminal offense.  Grand jury proceedings are confidential and customarily a "one-sided" procedure, in that the k jury usually hears only that data presented by an attorney for the prosecution which tends to show the commission of a crime.  Normally the grand jury does not hear evidence for the defense, and must decide whether at that place is probable cause to believe that a crime was committed and that a specific person or persons committed it based solely on the information presented by a prosecutor.  If the yard jury finds that probable cause exists, then information technology volition render an "indictment," which begins the proceedings in Excursion Court.  Typically, someone is arrested for a felony offense months earlier the g jury hears any data by a prosecutor.  Nevertheless, this is non always the case.

Direct Presentment

Another way cases get to Excursion Courtroom is by direct presentment. A police bureau, afterwards investigating a example, is not required to obtain an arrest warrant for a suspect but tin can, with the help of the District Attorney's role, proceed directly to the chiliad jury. This will, of grade, deny a person an opportunity to take a preliminary hearing in District Court, which must be requested in writing within xxx days of an arrest.

A direct presentment is like to an indictment.  The only real divergence is that on a presentment, the case did non begin past the issuance of an abort warrant and travel through Commune Courtroom.  The case went directly to the grand jury.

Past Information

Finally, a instance can proceed to Circuit Courtroom by manner of "information".  An information usually bypasses the m jury process. A person can simply exist charged by way of information with their consent. Usually, an information is done if a person wants to speed up the process and get the matter to Circuit Court quickly.  On nearly occasions, a person agrees to be charged past way of data because they intend to plead guilty to a felony in Circuit Court.  Whether an information is advisable in your case is a significant  decision to make and should be done merely after careful and detailed  communication with your lawyer.

Pleading Guilty:

Pleading guilty to a crime might resolve your case speedily, but pleading guilty to a offense - fifty-fifty a misdemeanor - can also result in you:

• being jailed;

• being placed on probation, where y'all might have to study to a probation officer, pay probation fees, submit to (and pay for) random drug tests, report back to court and mayhap lose your liberty (if a drug screen is positive or you lot are arrested for a new offense, for case);
• having to pay court costs;

• losing your driver'south license;

• being evicted from public housing;

• being deported;

• losing your children or having your parental rights terminated;

• suspended or dismissed from schoolhouse;

• losing your financial aid or scholarship;

• losing your right to vote; and,

• losing your correct to own, possess, or exist physically effectually a gun.

 Whether you are guilty of what yous take been charged with or not, y'all should recollect long and hard earlier you waive your right to a lawyer. A lawyer tin:

• discover what the witnesses, police and others are saying you did;

• discover potential legal and/or factual defenses you lot might have in your case;

• suggest you lot of the hidden consequences of a guilty plea;

• aid you determine whether pleading guilty is the correct affair for you to do;

• negotiate the best possible resolution to your instance; and

• accommodate for needed social services for you and your family.

  If you can't afford a lawyer, the courtroom will provide one at piddling or no charge for you lot. Waiving your correct to a lawyer is something yous may regret for the residual of your life.

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Source: http://www.montgomerydefender.org/the-process.html