What is the formal legal definition of 'imprisoned'?
03/26/2009 - Category:Criminal - Sentences - State: AZ #15773
Full Question:
What is the formal legal definition of 'imprisoned'? Is being held in a jail (charges dismissed)different than being imprisoned?
Answer:
In rare instances, persons not charged with a crime may be detained, or ordered to post bond. A material witness is subject to arrest and federal release and detention laws it is shown that a subpoena is not sufficient to secure the person's presence in court. A defendant who was released prior to trial on his or her own recognizance may, if convicted, be required to post a bond during the appeal process or pending sentencing. A court may also determine detention is required. Release is generally appropriate in cases where no sentence of imprisonment is likely, if acquittal or a motion for a new trial is likely, or where the court finds by clear and convincing evidence that a person is not likely to flee or pose a danger.
Please see the information at the following links:
http://definitions.uslegal.com/d/detention/
http://lawdigest.uslegal.com/criminal-laws/bail-and-bail-bond-agents/7196/#DetentionHearingProcedures
http://lawdigest.uslegal.com/criminal-laws/criminal-procedure/7198/
http://lawdigest.uslegal.com/criminal-laws/sentencing-and-sentencing-guidelines/7210/
Please see Title 13, Chapter 7 of the Arizona statutes at
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=13
03/26/2009 - Category: Sentences - State: AZ #15773
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