Criminal Charges / Crimes

As you may have already experienced, generally, when someone is charged with a crime they might be brought to the police station for processing (fingerprints, information, etc.), and then held for an arraignment, or they could be issued an appearance ticket for them to appear at a court date (arraignment) sometime later. At the first court date, the judge might set a bail amount – as happened in your case– or release the suspect on their own recognizance. After arraignment, usually the district attorney and the defendant’s attorney will exchange information and try to work out a plea deal. The defendant can either accept the plea deal or decide to go to trial. The defendant’s attorney might tell the defendant what they think is best, but ultimately, the defendant who is charged with the crime has the final say. If the case goes to trial, then the defendant is allowed to call witnesses and present other evidence to show that they did not commit the crime in question, or prove another defense such as self-defense. The judge or a jury will decide whether the defendant is innocent or guilty. If found guilty, the judge will then impose a sentence, which could include a fine, probation, or incarceration. In addition, a criminal conviction or a plea deal where the defendant pleads guilty in any way could affect that person’s immigration status if the person is not yet a citizen. It’s very important to consult with an immigration attorney before accepting any plea deal in a criminal case – often criminal defense attorneys don’t know how the plea will affect immigration status. In addition, in certain circumstances, a defendant may have the right to appeal a guilty finding after a trial if they believe the judge made mistakes.

Generally, anyone charged with a crime can hire a lawyer to represent them through the process. If a person cannot afford a lawyer, then the judge might appoint one depending on the person’s income and assets and well as the possible criminal sentence – for example, if the defendant is facing a certain amount of jail time, the judge may have to appoint a lawyer if they are income-eligible. This lawyer is often called the public defender or assigned counsel. A person who has been charged with a crime may want to ask the judge about appointing a public defender as soon as possible to see if they are eligible. Just like with a private lawyer, some public defenders are very good and others have so many cases that they may not pay proper attention to each particular case. If someone would prefer to have a private lawyer, or does not qualify for a public defender, they can find paid lawyers by using a Lawyer Referral Service. [LINK]

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You also asked what might happen to your children. I wasn’t sure from your email if the person who abused you was the father of the children or if the father is someone else. Generally, if a person is arrested and goes to jail, the children might stay with the other parent or with another family member. If there is no one to take the children, then the police might contact child protective services and the children could end up in their care. Generally, what happens with the children in the long run when criminal charges are involved may depend on the outcome of the criminal case and the sentence that is handed down. Criminal charges could also be used in a custody case where the parents are trying to figure out arrangements for the custody and visitation of the children. I am not sure, in your case, if there is already a custody order or if paternity has even been established. You may want to talk to a lawyer for advice about your specific situation. We do have some basic Custody information in case that might be helpful.