In the United States there is a very clear distinction and separation between civil courts and criminal courts. The purpose of a civil court is to settle disputes. A common example is the division of property in a divorce case.
Criminal courts, on the other hand, prosecute those who are accused of breaking the law. A crime may be categorized as a serious violation (a felony) or a minor offense (a misdemeanor).
A felony could involve crimes such as drug dealing, robbery, or murder. If someone is found guilty of a felony, he or she is often sentenced to a term in jail or prison.
A misdemeanor may be an offense such as jay walking, littering, or parking illegally. Court appearances are not usually necessary when a person is charged with a misdemeanor. Instead, he or she usually just pays a fine.
Most of the people who are caught committing a misdemeanor are issued a summons. However, if a foreigner violates a local law he or she could be given a warning.
Anyone who has been caught committing a felony is arrested.
People who are arrested are usually frisked so that any concealed weapons can be found. They are then handcuffed and read their rights.
This includes their right to remain silent, their right to have an attorney present during their questioning, and their right to have an attorney appointed by the court if they cannot afford to hire one.
When a person is arrested for a felony he or she is given the option of waiving their rights. Because any statement that they make could be used against them in the courts, it is unadvisable for them to waive these rights.
Instead, it’s best to retain all of your rights all the time. If you ever find yourself in this situation, do not say anything until you’ve spoken with your attorney.
When people are arrested they are taken to the police department. There they will be charged with their crime and given the right to make one phone call.
If a foreigner is arrested his or her call should be made to their consulate or embassy. Otherwise, it should be made to an attorney or to the local legal aid office. Or, if necessary, it should be made to a person who can bail them out.
The accused felon will be jailed until their case goes before a judge. Usually it will be the same day they are arrested or the following day.
If there is no case to answer then the accused will be released. If the offense is minor then the accused may be released on their personal recognizance. Otherwise, bail may be set.
Bail is either cash or its equivalent amount in property value.
However, if the case is serious the judge could oppose bail.
Asbestos cases are most often decided in civil court. However, to be properly represented, plaintiffs in asbestos-related cases should be represented by asbestos attorneys.