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The Criminal Law Process

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The Burden of Proof in Criminal Trials
Who must prove a criminal charge at trial and by what standard? What about proving a defense of self-defense or alibi? ... READ MORE
What Is a Preliminary Hearing?
The purpose of the preliminary hearing is to protect defendants from defending against unfounded (bogus) charges. Learn how prelims work and what information a defendant can gain. ... READ MORE
Can I Record a Police Officer During a Stop or Arrest?
Your First Amendment rights allow you to record the actions of police in public, but this right comes with limits. Learn what restrictions police can reasonably impose and what your options are when your rights are violated. ... READ MORE
Do Police Need a Warrant to Search My Phone?
Police will usually need a warrant to search the contents of your phone, but they have other options as well. Learn about your privacy rights when it comes to your phone and its data. ... READ MORE
What Happens If Police Conduct an Illegal Search?
What rights do you have if police conducted an illegal search? Learn about potential remedies in criminal and civil court and the obstacles a person may face. ... READ MORE
Bench Trials vs. Jury Trials in Criminal Cases
While bench trials tend to be less common than jury trials in criminal cases, advantages exist to having a judge hear the case. Learn what factors might play into a defendant's decision to send their case to a judge over a jury. ... READ MORE
Do Police Need a Warrant to Search My Motorhome?
To search someone’s home, police normally need to first get a search warrant. Vehicles, however, are treated differently. For a vehicle search to be legal, police only need to have probable cause that there’s incriminating evidence inside. Find out what the rule is for motorhomes. ... READ MORE
Determining Flight Risk for Pretrial Release—With or Without Cash Bail
With the help of traditional evidence or newer risk assessment tools, judges consider several factors when deciding if it’s safe to release criminal defendants before trial and when setting bail. ... READ MORE
Obtaining Bail After a Conviction
A judge will consider a defendant's likelihood to flee or harm others in determining whether to grant bail after a conviction. ... READ MORE
What Happens When You're Arrested?
After arrest usually come several steps, including going into custody, being booked, and appearing in court. Do all arrestees get booked in jail? How soon can one bail out? Learn more about what typically happens during this stressful time. ... READ MORE
 

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