I have been charged with battery. I only removed a hand from my face when verbally attacked by a raging woman. What can I expect when I appear in court. Can I plea self defence.
Almost every misdemeanor offense is an "either/or" proposition. Either a fine amount is specified or a jail term is specified. The offender (or the court) is given the choice of how it is to be levied.
Not necessarily. There are many degrees and classifications of Misdemeanor crimes. ANY violation of the law (felony OR misdemeanor) is, in theory, an "arrestable" offense, however in some crimes (i.e. - traffic offenses - minor possession - etc) they are handled by citations. It depends on the laws of the particular jurisdiction, the policy's of the law enforcement agency involved, or even the situation existing at the time the offense is acted upon by the law enforcement officer.
Punishments for a DUI misdemeanor can vary depending on the jurisdiction, but common penalties may include fines, license suspension, probation, community service, and attendance at alcohol education classes. In some cases, individuals may also be required to install an ignition interlock device on their vehicle.
No, being issued a criminal citation is not the same as being arrested. When someone is arrested, they are taken into custody by law enforcement officers. However, with a criminal citation, you are typically not taken into custody but are rather given a written notice to appear in court at a later date to address the charges against you.
Absolutely. The trooper did not see the accident and has to rely on what he observes at the scene and statements from witnesses.AnswerJust because you were given a citation, it doesn't mean that you are at fault. Signing a citation it's an addmition of guilt, either. Go to court and fight the ticket, if you believe that it wasn't your fault.
Given the nature of the charge, and who it is that will be testifying against you, it is difficult to be optimistic about the outcome for you. I expect that the best you might be able to get is the opportunity to plead guilty to a lesser offense.
The difference between felony and misdemeanor probation is the felony is when a person is sentence to a jail term, but it can be served out of jail. The misdemeanor probation is not given jail time. They serve a probation period.
I would suggest you call your local Immigration attorney, There have been cases where police would issue a citation only to cover the fact that local police is making "Arrests" on immigration matters. Currently, there is a law suit against 'Williamson' county sheriffs office where immigrants have been taken at the point of "pre-trial" booking, Many of them where just going to court to face their citation.
Watkins v. United States, 354 US 178 (1957)The Court favored Watkins, determining that Congress was not unlimited and was not given authority to inquire into private and personal affairs. In the case concerned, Watkins was not given time to determine whether the questions asked of him could be refused. See the related link for the case citation.
That depends on the agency giving the ticket and where it occurred. Citation rates vary between cities, counties, agencies, and departments; and additional fees can be added to the citation if it was in an area such as a construction zone or or school zone. Generally speaking though, since the citation is for more than 20 mph over the speed limit, you will most likely be required to go to traffic court and the fine given there may differ from the standard rates.
There is no general answer that can be given. Each state has a specific laws and requirements for the EXPUNGING of criminal records. Check with your local court or contact an attorney - you will probably need to consult with one anyway, this is NOT a do-it-yourself project.
The citation usually will be abbreviated to something along the lines of 'For services rendered.' The full citation will only be available once the record is no longer classified.