Question 1

Can I be convicted of a crime if I didn’t know I was committing a crime?

Accepted Answer

Yes. Generally, not knowing a law exists is not a defense.

Question 2

What is “bail”?

Accepted Answer

Bail is the amount of money that the accused person needs to pay as an assurance that they’ll appear in court for all their case hearings.

Question 3

What’s a bail hearing?

Accepted Answer

It’s a common step in most criminal cases. This is the court process where the judge decides whether or not to allow the accused person to post bail and be released from jail while awaiting trial. During a bail hearing, the court will decide whether to allow bail and for how much.

Question 4

Can I be charged with a crime without being arrested?

Accepted Answer

Yes. The court can use “citation” as an alternative to an arrest. By signing the citation, you agree to appear in court on or before the trial date.

Most states use citation as an alternative to arresting people involved in minor traffic offenses (e.g. speeding) or minor misdemeanors (e.g. shoplifting).

Question 5

What are my rights after I have first been arrested?

Accepted Answer

While it varies state to state, you have some fundamental rights including the right to:

Humane treatment
Request a lawyer
Refuse to take a lie detector test

You usually have the right to request bail, except in special circumstances.

Question 6

What’s a preliminary hearing?

Accepted Answer

This is a court proceeding, where the judge assesses the prosecutor’s evidence before deciding whether there’s enough evidence to take this case to trial. It’s up to the prosecution to provide proof that there’s probable cause that the defendant committed the offense they’re being charged with.

The defense will have an opportunity to challenge the evidence and charges against their client.

While it’s rare for the defense to win a preliminary hearing, there’s a chance the criminal charges will get dropped.

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