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How will my case proceed? |
The court process for misdemeanors, gross misdemeanors, and felonies is generally the same. In some cases, your attorney may be able to file an acknowledgment of rights form to avoid the initial appearance for petty misdemeanor and misdemeanor crimes. Usually, your case will include the following:
Arraignment/First Appearance: As the name implies, this is generally the first time you see a judge. The judge will review the charges against you, establish the conditions of your release and bail, if any, ask you to provide your name and address, and provide you with notice of your next court date.
Pretrial/Omnibus Hearing: This period of your case is fluid and may consist of more than one hearing. This is the stage where your attorney explores the State’s evidence against you, and if he/she feels there is a constitutional basis to challenge the evidence or the manner in which the evidence was obtained, he/she will file a motion on your behalf. This is also the stage where your attorney, after reviewing the State’s evidence will begin settlement, or plea, discussions with the prosecuting attorney. Many cases are settled at the pretrial/omnibus hearing stage.
Trial: If you are charged with a misdemeanor or gross misdemeanor crime, you have a constitutional right to a 6-person jury trial or a court trial. If you are charged with a felony crime, you have a constitutional right to a 12-person jury or court trial. In a court trial, the judge is the only person deciding your case. The defendant is allowed the choice of a jury or court trial. There are advantages to both jury and court trials that should be discussed with your attorney.
Many crimes carry additional or “collateral” penalties that non-lawyers may not understand. Therefore, it is very important that you hire an attorney with whom you are comfortable. Your choice of attorney can have a significant impact on the outcome of your case.
Please contact one of our criminal defense attorneys to schedule a consultation to discuss your case.
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