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If you were arrested and charged with misdemeanor offense, and subsequent investigation discloses that the crime(s) actually reached the level of a felony, then yes, the charge could be upped to a felony.
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What determines if a case goes to federal court or state court in Montana drug offenses?
If the crime carries a felony punishment, your case will go to federal court. The amount of drugs you have on your person will determine if it is a felony or not.
Is a felony considered a crime?
Not only is it considered a crime, it IS a crime. Felony is a synonym for crime.
A person charged with a felony crime will first appear in a lower court true or false?
false
Can the courts change a felony to a misdemeanor?
The decision on whether a crime is a felony or a misdemeanor is a legislative decision and the court cannot change that directly. However most felony crimes have 'lesser included offenses' that are misdemeanors. For example, a burglary could be charged as a criminal trespass, a felony assault as a misdemeanor assault, or a robbery as a simple theft. This is not usually done by a Judge or a court, but can easily be done by a prosecutor or jury.
What happens if a foreigner commits a crime in the US?
If a foreigner commits a felony crime in the United States they will go to court and be sentenced if found guilty. The person will have to do the time for the crime.
Is it legal to charge someone with a felony if there is no evidence supporting it?
No, to be charged for a crime in the court of law there has to be supporting evidence.
Is probation a felony?
Probation is a sentence, not a crime. A felony is a level of crime.
What is the word for a crime punishable by death?
Capital crime?
Is risk of injury to a minor a felony?
Jail time for a felony risk of injury to a minor is at the discretion of the judge. A judge will determine the sentence for any crime presented in their court.
What is b1 felony?
It can mean MANY different things in many different jurisdictions. Where I used to work a "B1" was 'police jargon/court shorthand' for "Burglary in the First Degree," which WAS a felony crime.
If you get arrested for robbery which court would see you?
You would get seen in Criminal Court. If the product was not recovered and given back to the rightful owners then you might also find yourself in civil court with a lawsuit pending against you.
When does a theft crime expire in Illinois?
It depends on whether or not it is a misdemeanor crime or a felony crime. If a misdemeanor the limitation is 18 months. If a felony, it is not mentioned under the felony SOL's leading one to believe that there is possibly no SOL for felony assault.
