Evan Baron:
SOME COMMON DEFINITONS
CRIMINAL LAW
Crimes are classified as either felonies or misdemeanors. The difference between the two classifications is the possible punishment involved. A misdemeanor can either be punished by a fine of up to $1,000.00 or a maximum of one year in the county jail. Common misdemeanors include petite theft, Driving Under the Influence and Domestic Violence. Punishment for Felonies range from probation, house arrest, fines and/or prison.
BOND
In most instances bond is set as a matter of course. Most criminal charges have standard bonds, which are set at the time of arrest. There are however certain offenses which because of the seriousness of the charge do not qualify for an automatic bond. In those cases, a bond hearing must be set before the presiding judge to have a bond set, if the Court feels that individual so qualifies.
Bonds may be paid through the Broward Sheriff’s Office or through the services of a bondsman. If a bond is paid through the Sheriff’s Department the entire amount must be collected. This money will be returned once the case has concluded, provided the defendant attended all court proceedings as scheduled. If a Bondsman is retained, a 10% fee is charged and collateral is usually required.
PROCEDURE
Once an individual is arrested he will be “booked” into the Broward County Jail. If a bond is set and the individual can post bond, he/she will be released without appearing before a judge. If a bond is not set or if set the defendant cannot afford the required amount, a first appearance hearing will take place, usually within 24 hours of arrest to determine if there is probable cause to continue to detain the individual. A judge has the ability to reduce the bond amount at this hearing.
The next court date is the Arraignment, where formal charges are filed. At the arraignment a plea of Guilty, No Contest or Not Guilty is entered. A trial date is then set for approximately six weeks later. If an attorney is retained a defendant need not appear at the arraignment.