Bail Hearings

The purpose of a bail hearing is to set the amount of bail. Bail hearings are often combined with arraignment. Read on for specific information about setting bail, including what happens at a bail hearing and more.

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What is criminal contempt?

Criminal contempt is generally regarded as a disobedient or open disrespect for the court. Even though it may arise out of a criminal or civil case, it punishes conduct that violates a court’s rule, rather than a penal statute or some criminal law.

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If I don’t know that something is against the law, how can I be charged with breaking the law?

You’ve heard the old adage: ignorance of the law is no defense. All citizens are charged with knowing the law. Probably the most common example of this is speed traps. When entering a new town, anyone driving through is expected to pay attention to posted speed limits—even the ones slightly obscured by overhanging branches. If you are clocked speeding by an officer, you can still be ticketed for a violation. The same is true for any scenario when you break the law—even though you may not exactly understand how you broke the law.

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Why is criminal procedure different from civil procedure?

Criminal procedure is different from civil procedure because the burdens and results are dramatically different. In criminal matters, action is taken by the ‘state’ (a federal, state or local government agency) against an individual or an organization (like a group of individuals, ‘business’ or other entity) for violation of law that can result in criminal penalties. The state has a more difficult burden of proof to meet before someone can have their liberties restrained by confinement in jail.

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Crime Victim: Accepting Money to Halt a Criminal Prosecution

A victim cannot tell the State to halt a criminal prosecution. The State makes this decision. The victim can play a key part in the State’s argument. A victim can severely hinder the State’s case by becoming a resistant and argumentative witness. The State may be able to make a good case if it has other witnesses who will offer reliable testimony. Your decision to accept the victim’s offer should depend on the facts of the case.

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