Evidence in a criminal case must reach the standard of proof known as beyond a reasonable doubt. In order to reach this standard, there must first be articulable suspicion. The police might have articulable suspicion if they see someone who matches the description of a wanted person. For example, the police might be on the lookout for a blue Malibu being driven by a white man with a fedora hat, and if someone happens to match that description, then the police would have a right to pull over that individual and make an inquiry on the basis of articulable suspicion. The next standard is called clear and convincing evidence, which means that the likelihood of that person having committed a crime has become increasingly convincing. In order to get that person out of the vehicle and conduct a search, they must have probable cause to believe that the individual likely committed a crime.
The difference between burden of proof of evidence in a criminal case versus a civil case is that in a civil case, the claim only has to be proven by a preponderance of the evidence, which could mean that it’s 51 percent versus 49 percent likely that an individual is guilty of a crime. In criminal cases, the burden of proof is beyond a reasonable doubt.
What Is The Difference Between A Misdemeanor And A Felony?
A misdemeanor is punishable by up to one year in jail and/or up to a $500 fine. There are two types of misdemeanors in Kentucky: A and B. B misdemeanors are punishable by up to 90 days in jail and a $250 fine. In Kentucky, felonies are punishable by at least one year in prison. There are several different types of felonies in Kentucky. D felonies are the lowest type and result in one to five years in prison with accompanying fines. C felonies result in five to 10 years in prison, B felonies result in 10 to 20 years in prison, and A felonies result in prison sentences of 20 years to life. There is also capital murder in Kentucky, which is punishable by death.
What Happens After I Am Released From Jail In Kentucky?
Once someone is released from jail in Kentucky after having been charged with an offense, they will be given a court date for an arraignment at which they must appear. In a criminal defense case, the arraignment is the first proceeding before the court. In misdemeanor court, the arraignment will be held in the lower court and the defendant will receive another court date for the adjudication of the case. Adjudication means that there’s either going to be a bench trial or a jury trial. In misdemeanor cases, such as DUI, criminal mischief, or theft of something under $500, there will be six people on the jury panel and the penalties will be less severe than those for felonies.
In felony cases, the arraignment takes place after an indictment and before the pre-trial, which is where motions for relief can be filed. Such motions might involve issues of suppression of evidence due to a wrongful search and seizure or preliminary requests to discard tainted evidence. A felony matter will ultimately be scheduled to be heard before 12 jurors. In these jury trials, the prosecution has the burden of proof, meaning they must prove beyond a reasonable doubt that the defendant committed the crime and should be punished for it. The defense must prove that the defendant is presumed innocent and should not be found guilty.
In today’s world, the system has become clogged with a large volume of criminal defense cases and tons of drug cases, and as a result, plea bargaining has become a method for prosecuting and convicting individuals by offering them a lesser penalty in exchange for a guilty plea. In many cases, a defendant who pleads guilty is truly guilty of the crime—after all, there was something that prompted the initial contact with the police. However, there are many others who are truly innocent and just happened to be in the wrong place at the wrong time. Police officers can be overzealous in their arrests by drawing conclusions about a person’s guilt before truly considering whether the evidence supports their theory.
For more information on Articulable Suspicion In A Criminal Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (859) 341-2500 today.