Washington DC Criminal Defense Attorney
Representing the People of Maryland, Virginia and the District of Columbia—One At A Time
What is the difference between criminal law and civil law?
Civil law is the area of law by which private individuals resolve their differences with the help of a civil court. Criminal law involves a citizen, or a business, and the state.
The rules of the federal government and all individual state governments are codified into statutes. When an individual violates the rules, as listed in the statutes, the federal government or the state will prosecute the individual. The remedies available in civil court are generally limited to monetary damages. The remedies available in criminal court may involve monetary damages and/or a prison sentence.
What happens at an arraignment?
A suspect has the right to be arraigned without unnecessary delay, usually within two court days, after being arrested. He or she will appear before a judge who will read the offenses in which the suspect is officially being charged, they will be informed of their constitutional rights, and advised of applicable penalties. At the arraignment, an attorney may be appointed in the event of financial hardship, and bail can be raised or lowered. A suspect may also ask to be released on personal recognizance at this time, even if bail was previously set.
If charged with a misdemeanor, a suspect can plead guilty or not guilty at the arraignment. Or, if the court approves, a suspect can plead nolo contendere, meaning the charges will not be contested. Legally, this is the same as a guilty plea, but it cannot be used against the suspect in a non-criminal case.
If misdemeanor charges are not dropped, a trial will be held later in court of law. If charged with a felony, however, and the charges are not dismissed, the next step is a preliminary hearing.
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