◆ SpookStack

snould nut ask te take one withou! having consuiiea with your actccney, After arrest and booking you must be taken be- fore a magistrate or judge without unnecessary delay -~ usually within a day. If you are charged with a felony or a misdemeanor such as larceny, conspiracy to inciic a riot, etc., the magistrate or justice of the peace does not decide whether you are guil i decides whether there is a reasonable basis for believ- ing you committed the crime. lf he thinks that there is a reasonable basis, he will hold you for court. If you are charged with a summary offense, such as disor- derly conduct or disturbing the peace, the justice of the peace or judge himself will decide the case. He will either discharge you, or find you guilty. In any kind of case before a magistrate or justice of the peace, you have the right (1) to be represented by a lawyer, (2) to be told exactly what the charge against you is, (3) to hear witnesses in support of the charge, and (4) to refuse to speak at all. . in summary offense cases, which the justice of the peace himself decides, you have additional rights. (1) the J. P. must ask you whether you plead guilty or innocent. (2) You may tell your side of the story if you wish. |‘ (3) You may have your own witnesses. (4) If the J. P. finds you guilty he must tell you exuctly what 92 you have been found guilty of, and exactly what the penalty is. If you are denied any of these rights and are fined or imprisoned, you have grounds for having the con- viction reversed. Applying for Bail If the J. P. holds you for court (for a more serious offense), you have the right to be allowed to apply promptly for bail. Bail permits you to be released from jail if an amount of money or other = tard .) security is deposited with the proper official to make sure you will appear in court. The magistrate will fix the amount of bail you must put up. The amount must be reasonable. If it is excessive, your lawyer may ask a higher court to reduce the bail. On very serious felonies, such as murder, robbery, etc., the J. P. is frequently not permitted to set bail, but a higher judge may do so. Bondsmen are often used when you or your family, or the organization, cannot put up the bail. , It is a good idea to have a lawyer with you when you are taken before a magistrate or a J. P. if only to minimize the risks to you, and to raise objections which may he the basis of future appeals. You should ask for a postponement of the hearing if a lawyer satisfactory to you has not been obtained. 93