A lot of people do not know that they have criminal charges against them unless stopped for a simple traffic violation. An individual who’s been stopped by the authority for a traffic violation can and may be cited for a simple civil infraction or may be arrested for some petty offense or other misdemeanor crime. He or she can also be charged with a felony depending on the nature of the offense committed and will be subject for further police investigation. The person can either go to jail for a certain period of time or he or she can be released until further notice to face the charges in the court. Sometimes, the police will have to inform the person in question that there are charges filed against him or her. They will have to answer some questions regarding the accusations and depending on the outcome of the investigation, the police can either file criminal charges against the subject or acquit him or her of the alleged crime charged against him or her by either the police or a private individual. Criminal charges can sometimes lead to issuance of warrants from the court requiring the subject to appear before the court and explain the charges brought against him or her. If the person in question decides to violate or ignore the warrants issued against him or her, the court can issue a warrant of arrest authorizing the police to bring the person in question into police custody until a trial is scheduled.
Some of the common criminal charges are civil infractions, petty offenses, misdemeanors, and felonies. There are some states that have a category of petty offenses where the person alleged of a crime can be tried without the presence of a jury and the ruling will depend on the judge’s prerogatives. Although a petty offense is classified as a minor offense, there are instances where it is considered criminal in nature. So when a person is not sure if the charge against him or her is just a civil infraction or a criminal offense, it is more practical to consult a lawyer to help assist on the legal procedure.
A misdemeanor, by nature, is considered a criminal offense and if a person is charged with a misdemeanor and convicted of the crime, it ordinarily results to a criminal record being compiled against the individual. Although it is also considered as a lesser crime, consequences for misdemeanor can be quite severe depending on the misdemeanor charges. Punishment can include imprisonment for less than a year, monetary fines, community service, probation, and if the crimes involves a traffic violation, it can lead to suspension or revocation of the driver’s license. For a person charged of felony, this is considered as the most serious offense a person can commit. Although the conception between felonies and misdemeanors are subjective by nature of the crime, felonies can still be a serious offense which can carry serious punishments if proven guilty. Criminal charges for a felony may include murder, robbery, rape and sexual assault, treason, embezzlement, drug trafficking, and any other crimes that are deemed serious and violent by the law.
By: Mark Zelman