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Letter to Friend Explaining Court Processes

You receive the following letter from a former friend:

Dear Friend,

I find myself in quite a predicament due to my own misfortune and bad judgment. My 6-year-old son and I were recently left homeless after I was laid off from my job and my house was taken by the bank.

I enrolled my son in a nearby elementary school when school started in the fall. I used the address where I lived last, because I don't have a current address. The school district discovered that I wasn't living at that address and charged me with fraud. I was arrested yesterday and haven't yet been to court. My son was placed in the care of protective services.

I just want to get out of jail as soon as possible to reunite with my son. I have some questions, and I was hoping you could do some research to find the answers for me.

• The police never read me my Miranda warnings. Will my case be dismissed as a result?
• The police also haven't questioned me yet. Should I agree to talk to them, if asked?
• Is this considered a state or federal offense?
• Will this be charged as a misdemeanor or a felony?
• Do you think I really need an attorney? After all, I am guilty, and I can't afford one.
• I also don't have any money for bail. Are there any options that would allow me to be released from custody prior to trial and that would not require money?
• How do I get to see the police reports?
• What is the difference between the grand jury hearing and a preliminary hearing? Which would be better in my case?
• Do you think that I should just plead guilty so I can get this over with and reunite with my son? Why or why not?
• Who decides if I'm guilty: the prosecutor, judge, or jury?
• What happens if I am found guilty? What type of sentence do you think I'll receive? Why do you think I'll receive that sentence?
• What are my options if I don't agree with the verdict or the sentence?

Write a1,050-word letter to your friend answering your friend's questions.

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