What Is a Pending Criminal Charge?
Dec 05, · A pending charge is when the prosecutor is deciding whether or not to charge the convicted as is, to add additional charges, to reduce the charges, or sometimes even to discard the charge altogether. Essentially, a pending charge means that nothing has been officially filed and the prosecutor is still reviewing the suspect’s case. Mar 09, · What does pending charges mean? Since it's actually up to the prosecutor's office whether to file charges against an individual, a person may be arrested on suspicion of a crime, but exactly what they will be charged with (if at all) is left to the prosecutor assigned to the case.
An arrest warrant is a written order issued by authority of the state commanding the seizure of the person named therein. It is usually signed by a judge or magistrate and establishes probable cause that a crime has been committed granting law enforcement officers the right to make an arrest of that person. The warrant is issued upon a sworn declaration by a district or county attorney, a police officer or an alleged victim that the accused person committed a crime.
Arrest warrants are often issued without direct notice to the defendant so awareness how to capture video in windows movie maker a pending warrant may come as a surprise to a potential arrestee during the most inconvenient of circumstances.
An arrest warrant can land someone in jail, but an experienced criminal defense attorney can insure that an arrestee spends as little time in jail as possible under the circumstances. If lucky enough to come upon such information an individual should determine the exact nature of the crime upon which the warrant is based, the date thereof, and anything else of significant relevance to the event in question. In order to formulate any defenses, an accused needs to find the specific information contained in the original charging document detailing why the warrant was issued.
Certain questions need to be answered including whether the how to use simpson esprit 550 was physically present in Florida when the crime occurred. Another may be whether the defendant actually participated in the underlying event or transaction to the crime charged. What incriminating evidence exists of the crimes charged? What exculpatory evidence exists of the crimes charged?
As an experienced Florida criminal defense attorney, I can help gather, identify, and present all available evidence to defend out-of-town and out-of-state visitors, as well as local residents, from any criminal charges contained in any pending arrest warrant.
Generally, the older the case, the more likely any related evidence is lost or missing. Witnesses may no longer be available or evidence may have grown stale by the time the arrest warrant is actually served. Such a situation typically decreases the likelihood that the State of Florida will meet its burden of proving a crime beyond a reasonable doubt. Attorneys can help check the status of warrants.
The warrant will be listed on the FDLE wanted person page. Retaining an attorney early in the process insures that an immediate course of action may be planned and taken to help quickly navigate toward the most favorable resolution of the warrant. There are a number of sources which detail arrest warrants and whetherthey have been issued. A Florida attorney can determine whether a person has any warrants out for arrest. Of course, a law enforcement agency will have these records but a trip to any of these places without the representation of counsel will undoubtedly result in incarceration.
Persons brought in pursuant to bench warrants usually receive higher bonds based upon their unreliability in appearing in court. It is important for non-Florida residents to retain Florida criminal defense counsel to deal with such matters before the inconvenienc e of resolving them grows unnnecessarily out of proportion with the original harm done or any inconvenience caused by a failure to appear.
If you have questions about a pending warrant for your arrest, call Alan Fowler, an experienced Florida Keys criminal defense attorney, for a consultation at
Accessibility of Criminal Histories in General
Receiving notice of pending criminal charges in advance of trial permits defendants to prepare a defense in accordance with the specific nature of the accusation. Defendants who are incarcerated by totalitarian governments are frequently not apprised of pending charges until the trial begins. Apr 11, · Pending can mean the case has already been started and is pending a final outcome or it can mean that the case is being investigated with a view towards charging the person with a crime. Even if he is charged, his attorney has the chance to present all of the issues you mentioned during the case itself. Mar 22, · Pending charges means you either are currently on trial or have a court date pending a trial. If you were arrested but never formally charged or given a .
The complex criminal justice system can often seem like a maze to those unfamiliar with it. Its complexity can make dealing with certain things, such as pending charges, a difficult and often overwhelming task.
In most criminal situations, a suspect is arrested and charged with that crime. However, in some cases, there is the need for further review. A pending charge is when the prosecutor is deciding whether or not to charge the convicted as is, to add additional charges, to reduce the charges, or sometimes even to discard the charge altogether.
It is not a comfortable feeling to find out you have a pending criminal charge. Stay calm. Before you worry about the charge, you first need to verify some critical information. You need to determine if the charge even has anything to do with you. Ask yourself if there was a situation that may have led to this charge.
Contacting a law professional before you go to the police is crucial. Often, people make the mistake of trying to handle pending charges without receiving professional help, which can leave them with false accusations. When people are issued a pending criminal charge, they will often have several questions. One common concern is how a pending criminal charge will affect their lives. How much a pending charge affects your life depends on the state in which you reside.
Across most states, however, pending charges show up in things like background checks, which can have some impact on your life. Some employers may be more prone to stay away from you or raise concern when they find criminal charges, even if they are just pending. Luckily, there are labor laws in most states that prevent employers from discriminating because of a pending charge. When it comes to pending criminal charges, there is no room to mess around.
If you get hit by the news of a pending criminal charge, contact Torigian Law. We are professionals when it comes to dealing with criminal charges. We know the ins and outs of the criminal justice system to make sure that justice is served. Mobile Devices Tap to Call: What is the Definition of a Pending Charge? Posted in California Law , Criminal Justice.