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 USED CAR HISTORY > CAR LEMON LAW > Car Lemon Law and Legal Resources

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Please Select your State to learn more information about Lemon Law in your state.
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What is a Criminal Case

There are two fundamentally different types of court cases -- criminal and civil. A criminal case arises when the government seeks to punish an individual for an act that has been classified as a crime by Congress or a state legislature. A civil case, on the other hand, usually has to do with a dispute over the rights and duties that individuals and organizations legally owe to each other. Among the important differences between criminal and civil cases are these:

 

How Do You Get Charged With A Crime

Police officers usually start the charging process with an arrest or citation. They then send copies of their reports to a prosecutor's office staffed by government lawyers whose job it is to initiate and prosecute criminal cases. The prosecutor is supposed to either:

Prosecutors can look at all the circumstances of a case, including the suspect's past criminal record. They can file charges on all crimes for which the police arrested a suspect, can file charges that are more or less severe than the charges leveled by the police, or can decide to not file any charges at all.

Prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports). Arrest reports summarize the events leading up to arrests and provide numerous other details, such as dates, time, location, weather conditions and witnesses' names and addresses if that information is available.

If the prosecutor decides to file a complaint rather than present the case to a grand jury, and the case is a felony, the defendant is entitled to a preliminary hearing at which the prosecutor must show that the state has enough evidence of the crime to convict the defendant. However, if the case proceeds by grand jury indictment, no preliminary hearing need be held. This means that most prosecutors choose the grand jury indictment process so that they don't have to produce as much evidence before the trial.

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