Having received your letter, I am deeply saddened by the misfortune that has befallen you. I have however thoroughly researched on the questions as you requested. Based on my findings, and as I will describe, there is no cause for alarm.
First, we all know that it’s the right of every citizen to be treated with fairness and to get justice despite the crime committed (Siegel et al., 2010; U.S Department of State, 2009) . Charging you without reading the Miranda warnings to you was an infringement of your civil liberties and a violation of both the fifth and sixth amendments (Siegel et al., 2010). This oversight might, however, work to your advantage since the police officers cannot use any statements you might have given them during your interrogation as evidence during your trial. Likewise, as a suspect, you have the right to remain silent. This is a cautionary measure as you might say something that might be used against you during your trial. Please note that if you agree to answer questions, the interrogating officers might trick you into giving information that might work against you. Thus, I recommend that you to stay silent since the cops have no right to question you by force.
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Mail fraud is considered as a federal crime. Although sometimes fraud may be confused with a state offence, there is a significant difference between the two kinds of offences. We consider your crime a federal violation because it had no implication on the entire nation. Failing to provide the postal code of your current state was a minor misconduct and it cannot be considered a state offence. Under the Illinois criminal law, fraud is a felony since no matter how petty it is, the crime may cause a setback similar in magnitude to a state. Being in possession of dangerous weapons or drugs such as cocaine, heroin and other hard drugs can, therefore, be classified as committing fraud. Your case will, therefore, be charged as a misdemeanor, not a felony.
Whether guilty or not, you need an attorney. Furthermore, you are innocent until proven guilty in a court of law. Since you cannot afford an attorney, I suggest that you seek the services of a solicitor. Solicitors are always there to defend the accused and ensure that they get justice. Likewise, solicitors can only claim payment for their services once a case has been concluded ( U.S Department of State, 2009) . Though the fee might be requested prior in cases where chances of losing are high, your case doesn't fall into this category. The reason for this argument is that your actions are justifiable, especially when your son is put into consideration
Having no money for bail is not a big problem because there are alternative ways through which you can be released from custody before trial, and that would not require money. For instance, you can sign over a property that has equal or that exceeds the value of the cash bail. Likewise, you can sign a statement indicating that you will attend the hearing at the required date and time. This arrangement is termed as being released on your recognizance. You can similarly be released without any cash bail if you have a good record of obeying the rule of law or if you don’t have existing criminal records. Police reports are always useful during a court appearance, police investigations and in reinsuring your property. For you to obtain the police reports you have to use the appropriate channels. These channels include online (e-mails) or physical (from police departments).
Further, there is a difference between a grand jury hearing and preliminary hearing. In a preliminary hearing the trials are done before the case is summoned by the prosecutor. Conversely, a grand jury is led by a panel of judges who meet every month to go over the several cases that are presented in the court of law (Siegel et al., 2010). I would, therefore, suggest that the court uses the preliminary hearing for your case so that it can be heard with ease. I also suggest that you should not plead guilty as it will compromise your position. Besides, you have critical parental responsibilities to take into consideration.
The decision as to whether you are guilty or innocent is made by the judge ( U.S Department of State, 2009) . If you found guilty, you will be charged based on your state's requirements. In most, giving the false residential information is considered a misdemeanour, which is categorized into classes and attracts a fine or imprisonment, or both. The number of days of incarceration and the amount of fine vary from state to state. Lastly, if you disagree with the sentence or ruling, you can apply for an appeal (Siegel et al., 2010). An appeal will give you an opportunity to get the justice that you think you deserve. However, before you make the decision, I suggest that you seek the counsel of the solicitor, who will explain the advantages and disadvantages of appealing to you.
Siegel, L., Schmalleger, F. & Worrall, J. (2010). Courts and criminal justice in America - 2 nd edition. Prentice Hall .
U.S Department of State. (2009). The US Supreme Court: Equal Justice Under the Law.
U.S Department of State.