Full question:
What is the formal legal definition of 'imprisoned'? Is being held in a jail (charges dismissed)different than being imprisoned?
- Category: Criminal
- Subcategory: Sentences
- Date:
- State: Arizona
Answer:
The term 'imprisoned' generally refers to being confined in a jail or prison as a result of a legal process. However, there are instances where individuals may be held without formal charges. For example, a material witness can be detained if a subpoena is insufficient to ensure their presence in court. Additionally, a defendant released on their own recognizance prior to trial may be required to post bond if convicted, especially during the appeal process or pending sentencing. Courts can also mandate detention if deemed necessary.
Release from jail is typically appropriate if a sentence of imprisonment is unlikely, if acquittal or a new trial is probable, or if there is clear evidence that the person will not flee or pose a danger.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.