What is the formal legal definition of 'imprisoned'?

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:

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.

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.

FAQs

Detained refers to being held temporarily by law enforcement, often without formal charges, while imprisoned means being confined in a jail or prison following a legal process. Individuals can be detained for various reasons, such as being a material witness or awaiting trial. Imprisonment typically results from a conviction or a court order.