What Happens During A Criminal Case
Every state adopts a rule of criminal procedure that the criminal justice system follows to establish guilt and punish an offender for a crime. Although the events in criminal cases vary with the case and jurisdiction, a typical case goes thus:
Initial Appearance: Following an arrest, law enforcement shall bring the suspect before a judge within 24 – 48 hours. The judge shall inform the individual of the charges and assign a court-appointed attorney if the individual does not have a personal attorney.
- Bond or Bail Hearing: The court conducts a bail or bond hearing for the accused’s conditional and temporary release in exchange for collateral. Generally, most courts will release an accused on bail or bond unless the person committed a serious felony, deemed a flight risk, or threat to society.
Arraignment: Here, the prosecutor, or the district attorney, files formal charges against the suspect, and the court requires the individual to enter a plea of guilty or not guilty. In some cases, an offender pleads nolo contendere. From here on, the case ends in a plea deal or goes to trial.
- Plea Deals: The burden of proof is on the prosecution to prove a person is guilty of the criminal charges. However, suppose the evidence or other factors suggest a lengthy case or uncertainty for either party. Then, the prosecution and the defendant may negotiate a plea deal for the accused to plead guilty in exchange for a lighter sentence or some other benefit.
Arkansas Sex Offender Registry
Arkansas sex offender registry refer to a record of persons convicted of committing sex or sexually-motivated crimes. In compliance with U.S Megans law, all persons found guilty of these or related offenses must be registered, and information regarding location and compliance status published. Thus, sex offender listings seek to publish useful information regarding offenders in different jurisdictions.
With most county and city law enforcement agencies compiling and publishing information regarding their own jurisdictions, the Arkansas Crime Information Center maintains the states central Sex Offender Registry which pools all the information together. Primarily, judges determine whether certain crimes require registration based on the national sex offender registration law. If convinced that a crime was sexually motivated a judge may order an adult to become a registered sex offender.
Warrant And Capias Information
Q: What is the difference between a warrant and a capias?
A: A warrant is an order which authorizes a law enforcement officer to arrest and bring a person before the judge. A warrant may be issued when a person is charged with a crime, convicted of a crime but failed to appear for sentencing, owes a fine or is in contempt of court. A capias is also an order for arrest of a person, typically issued by the judge or magistrate in a case. It is commonly issued after a defendant fails to attend a scheduled court hearing.
Q: How do I know if I have an outstanding warrant or capias?
A: Respond to any Police District or ask an officer on the street to run a query on your social security number. You should provide some type of identification, if possible. To protect your privacy, police will NOT run a query if you simply call a district on the telephone.
Q: If there is an outstanding warrant or capias, will I be arrested on the spot?
A: Most capiases allow an officer to re-cite, meaning you will be given a new court date. However, if you have been re-cited numerous times and have continued to ignore the court date, the officer may choose to physically arrest you. Most warrants require an officer to physically arrest the person. Once you are re-cited or processed through the Hamilton County Justice Center, the warrant/capias is cancelled by the Hamilton County Central Warrants Department .
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What’s In A Criminal Record
Let’s break it down, an individual’s criminal record can consist of the following things:
- Conviction Records
Keep in mind that some of these reports can be considered null and void if the criminal charges were dropped or if a person was found innocent of the crime. This will likely depend upon the jurisdiction. A criminal record will also have a list of crimes that a person was convicted of and the sentence. These include jail or prison terms served, time of probation served, parole grants, and even violation of probation or parole. A criminal record will also show any warrants for a person.
Types Of Police Record Checks:
The Police Record Checks Reform Act, became law on November 1, 2018, fundamentally changing the rules around what police can tell prospective employers, volunteer agencies and foreign governments and residents of Ontario. Effective November 1, 2018, information disclosed and included in a police record check has been standardized for three types of checks:
|Includes applicable criminal convictions and findings of guilt under the federal Youth Criminal Justice Act.|
Criminal Record Check & Judicial Matters Check
|Includes applicable criminal convictions, findings of guilt under the federal Youth Criminal Justice Act, absolute and conditional discharges, outstanding charges, arrest warrants, and certain judicial orders.|
Vulnerable Sector Check
|Includes the same type of information that is disclosed in a criminal record and judicial matters check as well as applicable findings of not criminally responsible due to mental disorder, record suspensions related to sexually-based offences, and in certain circumstances, non-conviction charge related information when a strict test is met. The Vulnerable Sector Check is intended to be used for a specific purpose: to screen individuals that work or volunteer in positions of trust and/or authority relative to vulnerable individuals .|
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Accessing Your Own Criminal Record
You have the right to access your own criminal record. You can request a copy from the RCMP or your local police under the Privacy Act of Canada. Criminal record checks are completed by municipal police and local RCMP detachments.
If you find inaccuracies or errors in your criminal record, you can request that corrections be made under the Privacy Act. Make your request to your local police station.
For more information on how to use the Privacy Act to obtain and correct criminal record information, see: Office of the Privacy Commissioner of Canada.
Refer to the section on court records for more information on the difference between a criminal record and a court record.
Request Police Records Online
Below are the types of records available, organized by the area responsible for fulfilling the request. Some records are only available for order by mail and others are available via the online ordering system. Some orders may be expedited for an additional fee please see the record type below for fees and ordering information and contact the corresponding area of responsibility for help.
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VISA, Mastercard, Discover
As with all reports released under the Colorado Criminal Justice Records Act, there are restrictions on the release of identifying information on juveniles, sex assault incidents and victims, and information for which release would not be in the public interest.
Police Administration Building
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Can I View My Police Reports Online
In todays world, it is possible to find just about anything on the Internet. From old friends to online dating, rare collector items to everyday merchandise, the Web has something for everyone. This convenient feature even extends to the legal sector of society, and nowadays it is possible to access public records with the click of a button.
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How To Apply For A Criminal Record Check Online
Before you apply online, make sure the organization requesting the record check will accept an electronic copy of the results. Some organizations may not accept online criminal record checks.
The online criminal record check process is convenient and easy:
Your criminal record check will be completed by Halifax Regional Police.
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Question: Can Sex Offenders Obtain An Exemption From Registration
Answer: : Any juvenile sex offender may seek either a court order exempting the juvenile from registration or, alternatively, a court order classifying registration information as nonpublic. The exemption of adult offenders is very limited. Generally, an adult offender may ask a court for an exemption only if the offenses resulted in a conviction or deferred adjudication community supervision for indecency with a child or sexual assault the victim was at least 15 years of age and the offender was not more than four years older than the victim, at the time of the offense, and the offense involved consensual conduct. Additionally, adult sex offenders may ask a court for an early termination of registration after the offender has received an individual risk assessment and by explaining how the reportable conviction or adjudications registration period exceeds the minimum required registration period under the federal law.
Applicants Living Outside California/united States Must Submit Manual Fingerprint Cards
Print out the Application to Obtain copy of State Summary Criminal History Record and follow the instructions on the form. A Spanish version of this form is also available . Please contact your local law enforcement agency for fingerprinting services. PLEASE NOTE: Your fingerprint card must contain your full name, date of birth, sex and return mailing address. If you are having difficulty in obtaining a blank fingerprint card, please contact the Record Review Unit at 227-3849.
Manual submissions must be accompanied by either personal check drawn on a U.S. bank, money order or certified check. The check or money order must be made payable to the California Department of Justice. Mail your application, fingerprint card and processing fee to:
California Department of JusticeBureau of Criminal Identification and AnalysisRecord Review & Challenge SectionPO BOX 160207Sacramento, CA 95816-0207
Once you have received your Record Review response, if you want to challenge the contents of your criminal record, you must complete the “Claim of Alleged Inaccuracy or Incompleteness” , which will be included with your Record Review response if there is criminal information on your record. Mail the completed form, along with a copy of your criminal history record, to the address indicated on the form. Your challenge must specifically state the basis for the claim of inaccuracy or incompleteness and include any available proof or corroboration to substantiate your claim.
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How To Request A Police Report Online
Once you have determined which police department has your police report, you should visit their website. Many police departments now allow you to request your police report online, although some may require you to print off a police report request form and mail it to them with a self-addressed stamped envelope. San Antonio, for example, allows you to submit a request for a police report online, in person, or through the mail.
Car Accident Police Reports
Car accident police reports are mandated in every state. This is because they happen so often and it is vital to keep drivers responsible through legal consequences.
Many states have laws in place to keep residents accountable and safe. These laws mandate getting a police report after an accident. Some states like Colorado require drivers to file a report even for minor fender benders.
On the other hand, states like Vermont mandate that drivers only need to make a car accident police report if the total damage, property or personal injury, is over $3,000. Most states require that you file within 10 days of the accident. Drivers who fail to make a report can get their license suspended or incur violation fines.
A complete and comprehensive accident police report includes the following information:
- Date, time and location of the accident
- Names, address, phone numbers car information and insurance information of all parties involved in accident
- Information that identifies witnesses
- Opinion of cause of collision from all parties involved
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Glossary Of Criminal Record And Criminal Background Terms
There are many terms that would be useful to know when going through the process of obtaining, using, understanding, and handling a criminal background. Below is a brief definition of some of the terms most commonly used:
Read our page on legal terminology for record clearing to learn more about commonly used legal terms.
Are Police Records Public
All police records are deemed public information unless they are ordered not to be by a judge. In some cases, records need to be hidden from public view in order to maintain the security of the nation. Public records also consist of:
- Property records
- Criminal convictions
The quickest way to find police records and other public records is to utilize the massive databases that SpyFly offers its users.
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What Is A Criminal Record
A criminal record, also known as a rap sheet, is the collection of documents that show all the times a person has interacted with the Criminal Justice System. The content of a criminal record is chronological, and includes descriptions of the individual’s earliest offense to the latest offense. Criminal records will include information on the arrest of the individual, the circumstances leading to the arrest, information on the individual arrested, their trial, the outcome of the trial should it result in a guilty verdict, incarceration, probation, parole information and more.
Information on criminal records through each of the 50 states and Washington DC can be found here:
The content of a criminal record differs according to the jurisdiction. Each state and municipality adopts its policy for creating and storing criminal records per its criminal justice system. The following reports and information can typically be found in a criminal record that has not been expunged or sealed or ones that have not been pardoned by a government official.
What Is A Car Accident Police Report
In the context of a car accident case, a police report is a written document that is usually generated at the scene of the crash, typically by the responding law enforcement officer. The police report often contains:
- details of the crash and the people/vehicles/property involved
- statements from drivers, passengers, and witnesses
- a drawn diagram of the accident , and
- in some instances, the officers findings or conclusions as to how or why the accident might have happened.
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Police Department Request Form
If you cannot submit a police report request online or through the mail, then you will have to visit the police department in person and file a request there. Call beforehand since some departments only allow in-person requests on certain days. You can find your local police department here. Then you can find out about filling out a Police Department Request Form in person and how to get the information you need. Typically these police department request forms can be fulfilled that day.
A request will typically require you to provide your personal and contact information as well as details about the incident, including the type of incident, date, and who else was involved. Be aware that if the report pertains to an ongoing investigation then your request could be denied. If you are unclear about why your request was denied you should talk to an attorney.
Whats In A Criminal Record
Lets break it down and get into the nitty gritty of it.
Since criminal records are public, the information is often used to help potential employers. Its basically a background check to poke around in. Plenty of businesses are required to do a quick background check, and many that arent do it anyways. In todays society, its natural to want to know everything we can about a person before we entrust important assets to them.
Criminal records contain a personal criminal history. Generally, this is a list of criminal offenses that have not been expunged such as traffic tickets, DUIs, or convicted crimes like misdemeanors or felonies. Our search will provide you with this information and more.
Sometimes warrants for the persons arrest will also show up on a police record, depending on where the warrant is from.
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Request A Criminalhistory Report
OnlineYou may run a background check and receive the results immediately by using WATCH
MailYou may make a request for conviction Criminal History Record Information by submitting a completed Request for Conviction Criminal History Form, along with applicable fees to the Identification and Background Check Section. See below for more info.
In PersonYou may make a request for conviction CHRI based on an individuals name and date of birth by completing a Request for Conviction Criminal History Form in person or you may make a request for conviction CHRI by submitting a full set of fingerprints in person. Note: Children are not allowed in the fingerprinting room and must be supervised at all times.