If you are arrested, what are the kinds of charges that you may be charged with? There are three types of charges available to law enforcement that can lead to your arrest: Civil infractions, Misdemeanors and Felonies.
Civil infractions are non-criminal charges filed by a city, county, state or federal government and usually are punishable with only a fine but not always. Examples can be minor traffic offenses such as speeding 1-10 mph over the limit, possession of one ounce or less of marijuana (in some states and cities). Conviction of a civil infraction is based upon the “preponderance of the evidence” standard in law.
The preponderance standard means it is more likely than not the offense happened and the defendant committed the offense. Think of a teeter totter or see-saw where the heaviest person goes down and the lightest person goes up. This is the weakest standard of proof for a conviction. In most states if you are charged with a civil infraction you have no right to a trial by jury and usually the case is heard before a judge
Misdemeanors are criminal charges that are more serious then civil infractions but not as serious as felonies and have jail time of less than one year, bigger fines or both. The legal standard for conviction for misdemeanors is “beyond a reasonable doubt” meaning a reasonable person would have no doubt the defendant did commit the crime. A conviction of a misdemeanor results in a criminal record and can result in jail time, fines, probation and even driver’s license revocation.
Some misdemeanors can be classified as sex offenses and a resulting conviction can require the defendant to register as a sex offender thus requiring them to notify the police department of their home address and even prohibit them from approaching schools, parks or children. Some states have petty offenses or minor misdemeanors and the punishment is a fine but jail time can also be included. The U.S. Constitution does not give the right to trial by jury unless the jail time is over 180 days.
Persons charged with a misdemeanor have no right to an attorney if a conviction does not result in jail time. They also do not have a right to a probable cause hearing or a right to a grand jury and in some states they have 6 member juries where the felon has a twelve member jury.
Felonies are the more serious criminal charges and have jail time of one year or longer, the largest fines, restitution and even being put to death (in some states). The legal standard for conviction for felonies is the same as misdemeanors, “beyond a reasonable doubt”. The most well-known felonies are murder, embezzlement, burglary, robbery, arson and sexual assault. Conviction of a felony will result in jail time in a prison, for shorter times in a county jail, may be put on probation, pay fines, court costs, restitution or even community service. For the more serious felonies some states have the death penalty but it usually requires the death of another person before the prosecutor will make it part of their case because death penalty cases are much more difficult to win.
Defendants convicted of felonies also lose valuable rights we all take for granted such as right to possess a firearm, be on a jury, vote is most states. But some states are now allowing felons to vote after they have completed their punishment.
If you are arrested you will be booked by law enforcement. Booking obtains your identity including your name, address, Social Security number and usually your phone number. Then they check for any outstanding warrants or any other offenses from other jurisdictions. They take a mugshot and your fingerprints and do a search of your person looking for any contraband, weapons or evidence which can be used in court. The police intake report will include your physical condition, if you appear to be intoxicated or under the influence they may even take a blood sample.
For most minor charges you can be released from jail on your own recognizance or if a minor you can be released to your parents or guardian. For a lot of minor offenses you may be able to post a bond from a bond schedule in that jurisdiction which depends upon the charges against you. However, if no bail is set a bail hearing is scheduled as soon as is reasonably feasible. If you are arrested on a weekend then you may not get a bail hearing until the following week when the court reopens. Several states have a forty-eight hour limit to have a bail hearing but the U.S. Constitution is seventy-two hours limit for the bail hearing or you must be released.
When law enforcement has a warrant for your arrest they post it to NCIS which is the national criminal information system and is accessible by all law enforcement. Law enforcement may come looking for you and arrest you if the warrant is for a major crime. Most people find they have an arrest warrant when they are pulled over for a traffic stop. However, even if you have a warrant the officer may not arrest you then, but advise you to make arraignments to resolve the issue, however the officer can arrest you on the spot and take you to jail. Some warrants are limited to a certain distance from the court and if you are outside that distance the warrant is not valid.
Best advice is never argue with an officer who has a badge and a gun as you will surely lose that battle. Let any argument come from your lawyer in court.