|
|
|
|
|
|
|
|
|
|
Stages of a Criminal Case part.10. Crime The first thing that
can be called stage zero is the violation itself. But naturally it can’t be
regulated by any rules and lead to the first law related phase – Arrest. 1. Arrest An arrest is a
procedure when a suspected person is taken into police custody. At all the
stages of the arrest the police have to protect the constitutional rights of
the arrested citizen. Also the charges or the warrant need to be presented to
the arrested person within a short period of time (usually 48 hours). The
arrest itself can be based on two causes, the first – a suspicion of a police
officer and second a warrant. In first case a police officer can arrest a
person if he witnesses a crime, or if he has enough facts and circumstances
that a person has committed or is about to commit crime, for example if he sees
someone in a mask with a gun running away from a robbed bank, this is labeled
as Probable Cause. In case of a warrant it has to be signed by a judge and must
be based on facts that prove a crime or give enough bases to put the person
under suspicion. The most important
thing at this stage is to remember that a person can always dispute the cause
for an arrest, the charges or the evidence, but it is best to have these things
disputed by an attorney and not during the procedure itself. 2. Booking After the arrest the
next stage is called booking. This is a very important moment because the
arrested person has the possibility to contact his or her attorney. Of course
if the violation was small the arrested person will most probably fill in some
release papers and state that he will appear in court for a decision. During booking the
police usually obtain the data required for the whole case. In the movies we
usually see mug shots and fingerprints, but in real life the officers write
down the suspects’ name, date of birth, physical characteristics, information
about the crime, and search for his criminal background. After that the person
gives up any personal property like keys or purse and is placed into a cell.
Usually if the crime isn’t very serious the suspect can be bailed out. 3. Bail and Own Recognizance Release After the suspect is
booked he or she can be released through bail. A bail is a sum of money that
the suspected person leaves to the court promising that he or she will appear
in court when he is ordered to do so. If the person appears in the court, the
court refunds the bail sum, if not, the court keeps the sum and issues another
warrant for the persons’ arrest. After bail violation the suspect will have no
more possibilities to be bailed out. If the seriousness of
the crime or the criminal history of the suspect gives the court some trust in
the booked person he or she can be released under a free bail called the Own
Recognizance Release. It varies from country to country, but everywhere this
type of release requires strong arguments and has lot of limitations. For more
information regarding toronto
criminal lawyers, criminal lawyers, defense lawyers Source: Free Articles from ArticlesFactory.com
ABOUT THE AUTHOR
|
|||||||||||||||||||||||||||||||||||||||||
Partners
|
