What Are Pending Charges? Everything You Need to Know About Pending Criminal Cases
The moment you hear something like “pending charges” makes you a bit edgy. Whether it’s you who is staring at some charges down the line, or someone you know is in this situation, knowing what this term means and its implications is crucial. As in the previous articles, I’ll focus on the pending charges explaining the stages, possible results, and implications for the future.
What Exactly Does The Term Pending Charges Mean?
Let’s start with the basics: What are pending charges? Pending charges mean the criminal charges that still have not been completed that are still under investigation, or a case that is in court but not determined yet. They are not discharged and are not completed through conviction. In a way, you are working with the court system on it always as an open file, and always being worked on, scrutinized, and circulated.
Pending charges can occur at any stage of the criminal justice process; investigation, arrest, or even after arrest. This means that irrespective of the severity of offenses leveled against an individual nothing is said and done until all legal proceedings have been exhausted. Most significantly, where a person is under the threat of charges they have the burden of an accusation but are not guilty until the court has proven them so.
Key Stages of Pending Charges
However, when it comes to pending charges, there are some phases to bear in mind. Knowing what occurs during each stage can at least make an individual feel more mastery over the process. Here’s a breakdown of how pending charges typically move through the system:
1. Investigation and Arrest
Charges may start when police investigate a crime and recruit evidence. Whenever there is enough province, they apprehend the suspect and hold him or her for the prosecution of the crime. But the charges are still ‘pending’ as the legal system progresses on and on, and on.
2. Arraignment and Preliminary Hearing
Sometimes the next step after an arrest is called an arraignment. At this court, there is what can be described as arraignment where the accused is informed of the charges against him. There may also be a combined trial and hearing based on the degree of the charges, where the prosecution is required to show enough evidence that warrants a trial.
3. Pre-Trial Motions and Discovery
After the arraignment, the two parties to a case proceed to discovery. This is best done by compiling information concerning the evidence that will be relied on by each party. The defense also might file pre-trial motions that contain the motion to dismiss the case or the motion to motion the evidence.
4. Trial or Plea Deal
In case it does not get solved in the pre-trial motion, the case goes to trial. There, charges that have been pending may be cleared, or a bargain may be entered where the accused agrees to plead guilty in return for a lesser charge.
5. Appeal
The case may exist in the state of being pending even if the defendant has been convicted or acquitted because an appeal has been made. This means that the latter final legal decision is still open to the higher court jurisdiction.
How Long Can Charges Stay Pending?
You may be asking yourself the following question; “How long will the charges take?” To a question, it would be easy to answer but unfortunately, that is not the case here.
The duration of a civil case may vary depending on the class of case, project complexity, and additional time resulting from motions and appeals. In some circumstances, charges that are pending may take anywhere from several months or even years to be resolved depending on the complexity of the case, or if there are delays due to some important witnesses.
Common Factors Affecting the Duration of Pending Charges:
Case Complexity:
Slightly complicated cases may take longer to investigate and prosecute than the items above.
Court Availability:
Courts have set time for trials and might be pushed forward due to situations in the court.
Appeals:
If either side prefers an appeal on the case, the case can stay ‘stuck’ as the appellate court takes its time to review the decision.
How Is Your Life Affected When You Are Facing Charges?
It is usually very difficult for anyone to have cases with charges still pending, not even mention any time there is a trial to be made. In the following, there are several ways through which these charges might affect your daily endeavors.
1. Employment Challenges
Some employers may not want to offer or retain someone with criminal charges against him or her even if not confirmed.
This is especially the case with companies seeking candidates for positions that demand pre-employment screening or when the employee/Page will be involved with the elderly or children. At some stages, you may be unable to get a job, or your employer can place you under suspension awaiting the outcome of the charges.
2. Travel Restrictions
From the nature of the charges and or the conditions that are set when one is granted bail he or she may be restricted from travelling. If you have been arrested and bonded out there could be restrictions as to your travelling from the state or country.
3. Stress in relations with Other people and with oneself
It also affects personal relationships when there are charges which are being pending. Co-accused will be embarrassed or battered and relatives and friends may also be embarrassed or barred and one may be stressed or develop anxiety as the case proceeds.
4. Financial Strain
The effects associated with pending charges include heavy costs. You may be required to pay lawyer’s fees, expenses incurred on a bail bond, and lost earnings should you be jobless. There are also other various costs associated with service provider demands, expert witnesses, or forensic evidence in aid of a defendant.
Facts About Dismissing Charges
Most people may find themselves facing charges that have not been initiated yet, and yet the charges can be dismissed or dropped at any stage. Here are some scenarios in which that might happen:
Lack of Evidence:
If the side of the prosecution does not have enough evidence to support its charges then the judge can acquit the accused.
Violation of Rights:
If your rights were violated during the investigation or arrest for example the police conducted an unlawful search, the possibility of filing a motion to dismiss might work.
Witness Issues:
Occasionally, witnesses may either disappear, change their minds about testifying, or never turn up in court. In these, that may be charges that are dropped depending on circumstances surrounding the case.
If your attorney has reasons to think the charges may be dismissed, the lawyer may file motions to contest the charges to have the charges dismissed before trial.
What to do If You ARE Also Charged
If you are receiving such threats of pending charges, it is about time you did all you could to ensure you secure the future. Here’s what you should do:
1. Get in touch with our Criminal Defense Lawyer
But for every situation that has pending charges against you, you Get in touch with our Criminal Defense Lawyer one of the most important things you should do is to seek the service of a criminal defense attorney. Being your defense counsel, you will be led through the ways of law, ensure your protection, and offer the right defense strategy that fits your case.
2. Follow All Court Orders
It is good to follow all the courts even if you do not approve of the charges made against you. This comprises meeting all set legal procedures, following all set travel restrictions, and remaining in touch with the attorney.
3. Gather Evidence
In the meantime start collecting any evidence that would show your innocence when working with your attorney. These may involve witnesses’ video recordings or physical evidence that the accused presented as evidence to disprove the charges leveled against him.
4. Negotiation on the Plea Bargain
Still, based on the potency of the prosecutor’s case, your lawyer might suggest that you start considering the possibility of taking a plea. Plea bargains are beneficial because they save time than when you are taken through a full trial and in most cases come with a lenient sentence or charge.
Pending Charges vs. Conviction: What’s the Difference?
To most people, there is a significant difference between pending charges and convictions. Here’s a brief breakdown:
Pending Charges:
Pending charges mean offenses that are still under investigation or before the court. At this stage, the guilty decision has not been made, and it should be mentioned that the defendant is innocent. The case is still open and depending on the result people can be charged, acquitted, or receive probation without going to trial.
Conviction:
There are two main forms of conviction; one is when the accused is judged guilty of the criminal charge on him or her, or when the individual pleads guilty. A conviction is stiff in logical consequences such as fines, imprisonment, probation, or even the defendant is set free with probation terms, apart from this the records of the defendant are stained.
Key Differences:
Pending Charges:
This case is unsolved, and the accused is innocent until proven guilty.
Conviction:
A last judgment with criminal punishments as a penalty for the convicted offender.
Importance:
Allegations are different from convictions where the accused cannot get the case thrown out, dismissed, or get an acquittal. A conviction on the other hand follows one throughout their life and is wounded on their record.
Altogether, pending charges are charges in the pipeline while at the same time, a conviction is the verdict in a trial.
Conclusion:
Pending charges are one of the most common kinds of threats to your credit score, so let’s move to the ways how you can manage them.
If you are facing charges that are to be answered, the most important thing that you need to do is to be aware and also take imperative steps that will enable you to ensure that your rights are protected as you go through the process.
However, it can often be a nervous and anxious period, learning the facts about what pending charges involve, and what measures to take could help you to be more assured. It is always a better plan for you if you are charged with a crime or will be charged in the future to be acting right now so that even if the charges cannot be dismissed you will get a better future.
