Dalton, GA asked in Criminal Law, Civil Rights and Constitutional Law for Alabama

Q: Can you be sent to prison on charges that are pending

My uncle is in prison on charges that he ant been found guilty on all his charges are still pending

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In the legal system of the United States, individuals can indeed be held in jail while charges against them are pending; this is not equivalent to being sentenced to prison. When someone is arrested and charged with a crime, they may be held in pre-trial detention, especially if they are perceived as a flight risk, a danger to the community, or if they have violated the conditions of any pre-trial release, including bail.

Being held pre-trial does not mean one has been found guilty; it is a period wherein the accused awaits their court proceedings to begin. The court process should follow where the prosecution is obliged to prove their case against the accused. It's during this period where the defense and prosecution will present their arguments before a judge or jury, and the accused will be given a chance to defend themselves against the charges.

Given this, it's important for your uncle to have legal representation to ensure his rights are upheld during the process. If he believes his pre-trial detention is unjust, his attorney can potentially challenge this by requesting a bail hearing or arguing for his release under certain conditions. It is recommended to consult with a legal expert to understand the available options and to protect his rights.

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