COURT PROCEDURES

STATE & COUNTY COURTS - DOCKET & OTHER INFORMATION- IN MOST CASES, YOU CAN CHECK YOUR CASE UNDER THE COUNTY LISTING AND THEN LOOK FOR THE DOCKET TAB AND INPUT YOUR INFORMATION.

ARRAIGNMENT/FIRST APPEARANCE/PRELIMINARY HEARING/PRE-TRIAL CONFERENCE

First Appearance/Arraignment

At arraignment, you are formally advised of the charges against you. At this time, you may request time to get an attorney. You may also be requested to enter a plea of not guilty.

Preliminary Hearing

Preliminary Hearings are held in and are only available for some felony charges. During a Preliminary Hearing, the Prosecutor will present witnesses; the Defense can, but often does not call witnesses (as a strategic move); and the judge will determine if there is probable cause to charge you with a crime. If the Judge determines that there is probable cause, your case will be bound over to District Court where you will be arraigned on felony charges. The standard for proving probable cause is very low and the majority of cases are bound into District Court.

Pre-trial Conference

A pre-trial conference is an opportunity, after research and evaluation, for the prosecutor and the defense attorney to assess their opponents’ case and to argue their strengths and weaknesses. In many instances, a negotiated plea offer is extended by the prosecutor. The decision to accept or decline a plea offer should be made after being fully informed of the consequences and merits of your case. You decide whether to accept or reject a plea bargain offer. If you reject the offer, the Court will set a date for motions to be filed and to be heard, and set the trial date.

Motions' Hearing

At arraignment, a judge will set dates for when motions are to be filed and will set dates for when motions are to be heard sometime before your trial. In many cases, the prosecution and your attorney may file motions. Generally, motions are verbal or written requests asking the Court to admit or to keep out evidence. Depending upon your case and the issues in your case, there many be many motions filed or there may be no motions filed.

Motions often deal with procedural issues. Commonly filed motions deal with suppression issues (keeping evidence from being used at trial); for example: statements, evidence, and identity. Suppression should be granted if the evidence was in your constitutional rights. However, in most instances, the judge will rule that the evidence will not be kept out of the trial. Even if you win some or all of your suppression arguments, you are not assured of winning your trial.

TRIAL

If you decide to proceed to trial you will have 2 options: to have a trial to the Court (judge only); or to have a jury trial. You and the prosecution will have an opportunity to make opening statements, introduce witness testimony and evidence, cross-examine witnesses and offer closing arguments. You have the right to testify on your behalf. The decision to testify is a critical decision and should be done after discussions with your attorney. Once the case is over, the jury or the judge will begin deliberations. If the jury finds you not guilty, you are free to go.

SENTENCING

If you are found guilty, the judge will determine and will impose the appropriate punishment. Sometimes sentencing is immediate however, in most cases you will be sentenced at a later date.

COLLATERAL CONSEQUENCES

In addition to any sentence imposed by the court, conviction can have a number of additional consequences. Consequences can include, but are not limited to: Immigration issues, loss of the right to vote, loss of the right to possess a firearm, loss of the right to associate with other known criminals, registration as a sexual offender.

APPEALS

If convicted, you may file an appeal to an appellate level court with the argument that the trial court made legal errors. If the defense can prove that the trial court made legal errors, or you were denied due process of law or a fair trial, it may result in the reversal of your conviction.

PAROLE

Parole is a conditional release from prison which entitles you to serve the remainder of your term outside of prison. However, you are still under the supervision of the department of corrections.

SEALING

Sealing is a process where, in very limited cases, an arrest or a conviction may be removed from public view.