A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

Size: px
Start display at page:

Download "A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal"

Transcription

1 A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant Place, Staten Island, NY (718)

2 Arraignment The Preliminary Hearing The Grand Jury The Indictment Plea Agreements Pretrial Procedures Pre-Trial Hearings The Trial The Appeals Process Arraignment Following an arrest, you will most probably appear at an arraignment. This is simply a formal hearing before a criminal court judge at which you will be informed of the charges against you and advised of your rights. Your attorney may request that you be released on your own recognizance or that the court set bail. You have a right to the assistance of counsel at this proceeding. If you can't afford an attorney, the court will assign one to represent you. On occasion, when an accused is represented, their attorney may waive a formal arraignment so that the charges filed against you are not read aloud in open court and made public. Bail can be posted by a bail-bond, cash or property. If you are unable to "make bail," you remain in jail until your preliminary hearing, or in some cases, your trial. If you are out on bail and flee the jurisdiction, called bail jumping, the person who "posted" your bail forfeits their cash or property. Bail jumping is a separate crime in itself. If you do not appear for trial, in addition to having a bench warrant issued and forfeiting your bail, your case may be tried without you. Judges may warn defendants of that possibility by what are termed Parker warnings. If you have been warned, and don't appear, you can be tried, convicted and sentenced in your absence. You will be sent to prison immediately to serve your sentence. It is not uncommon at all at the arraignment for your attorney and the prosecutor to discuss your case with the judge. There may be some discussion about a plea agreement and in some cases, charges are actually disposed of or felony charges are reduced to misdemeanors. If the charges are serious felonies, the prosecutor may give notice that he intends to present your case to a Grand Jury. Your lawyer may give reciprocal notice that you wish to testify in the Grand Jury on your own behalf. The Preliminary Hearing If you are charged with a felony, a preliminary hearing will be held. At a preliminary hearing, the prosecutor presents evidence to show the court why the matter should be set for trial and the defense attorney has the ability to cross-examine witnesses. 2

3 The Grand Jury A Grand Jury consists of 23 citizens of your county who hear evidence presented by the prosecutor and decide if there is sufficient evidence to establish the you committed a crime. There is no judge to rule on the admissibility of evidence or defense lawyer to cross-examine the witnesses. Grand Jury proceedings are secret and defense lawyers can only be present if and when their own client testifies. If you have been arrested, your attorney will be notified if the prosecutor intends to present your case to a Grand Jury. If your attorney decides that it is in your best interest for you to testify and/or present witnesses, he must notify the prosecutor before the Grand Jury presentation is completed. You have a right to testify before the Grand Jury, but your lawyer must get permission to present other witnesses. If you do testify, your lawyer can attend, but he cannot ask questions or make objections and he cannot be present when any witnesses you may have testify. Unlike a trial jury, the Grand Jury does not need to reach a unanimous decision; a simple majority will result in a true bill or indictment. The Indictment An indictment is a formal accusation that identifies the specific felony charges against you as voted by the Grand Jury. Occasionally cases are presented to a Grand Jury before anyone is arrested. In these cases, you won't be notified that your case is being presented to a Grand Jury and you may not have the chance to testify or present defense witnesses. If you are indicted this manner, an arrest warrant is usually issued and you are jailed until your arraignment. Plea Agreements Plea agreements ( plea bargains ) are nothing more than negotiating the disposition of a case. There are provisions in the law for a person to plead guilty without admitting guilt. This is known as an Alford plea. 3

4 Pretrial Procedures There are only a number of scenarios that can happen to a criminal case before going to trial. It can be dismissed by the prosecutor or a judge, you can plead guilty, or the case can go to trial. Under special circumstances your attorney may get your case dismissed in the interest of justice. If you are convicted following a trial or if you plead guilty, in addition to facing possible incarceration, you may be subject to fines, forfeitures and civil suits. If you're not a citizen, you may also be subject to deportation. If you're convicted of a felony, you may also lose some of your civil rights. Criminal cases can take a considerable period of time to conclude. The duration depends on the seriousness of the charges and whether you're going to accept a plea or go to trial. There are "speedy trial rules" governing the amount of time the prosecutor has to be ready for trial, but it is not uncommon for these cases to take 6 to 12 months, or longer, to go to trial. Delays can result from any number of reasons. Each case requires different preparation. There are certain procedures that must be followed by the prosecutor, defense and the presiding judge. If your case is set for trial, there will usually be a pretrial conference scheduled between the prosecutor, the judge and your attorney to discuss your case to see if it can be disposed of without a trial. Often there will often be a plea offer by the prosecutor. If the plea is refused, the case proceeds towards trial. Pre-Trial Hearings There are several types of pre-trial hearings that may occur before a trial jury is selected. Not every case has pretrial hearings. It depends on the evidence. These hearings are named after landmark cases. After the hearing, the judge decides whether or not to let the prosecutor use certain evidence against at trial. If the evidence in question is the only evidence against you, your case may be dismissed if you win the hearing. A Huntley hearing is to suppress statements allegedly made by you to a law enforcement officer, prosecutor or their agents, on the grounds that a violation of your constitutional rights taints your statement. A Dunaway hearing is used to suppress statements on the grounds that the police did not have probable cause to arrest you. A Wade hearing is to suppress identification on the grounds that the identification procedure was unduly suggestive. A Mapp hearing is to suppress physical evidence seized from you on the grounds that the police had no legal right to stop or search you, your car or your home, or that the evidence they found was obtained by violating your constitutional rights. Even if such a violation has been found, however, your trial may go forward since such a 4 th Amendment violation does not immunize you from prosecution; it just entitles you to suppression. 4

5 A Sandoval hearing is to limit the use a prosecutor may make of your criminal record to impeach your credibility on cross-examination, if you testify at trial. When a witness testifies at trial, opposing counsel has the right to use the witness' criminal record on cross-examination to impeach their testimony. If the witness is the defendant, the court must balance their constitutional right to testify against the prosecutor's right to use this cross-examination technique. The Trial After pretrial hearings are completed, your trial begins at which time a judge or jury listens to evidence and decides if you are guilty or not. You are entitled to a jury trial in all felony cases, and in many misdemeanor cases. Even if you are entitled to a jury trial, you may waive that right and be tried by a judge. If you are having a jury trial, the first part would be to select the jury. This is called voir dire. Prospective jurors are brought to the courtroom from the central jury room. The judge explains some general principles of law to them. From that panel several potential jurors are called to the jury box to be questioned by the judge, the prosecutor and the defense attorney. The purpose of the voir dire is to give each side a chance to determine whether or not prospective jurors can be suitable. After each round, the attorneys "challenge" the jurors they do not want. If either side can show that a potential juror cannot be fair, that juror can be challenged for cause. Challenges for cause are unlimited. Each side has a specific number of peremptory challenges depending on the criminal charges. These are challenges that do not require the attorney to give a reason for asking that a potential jury member be dismissed. The final jury selected usually consists of 12 jurors and two alternates. If, for any reason, a juror cannot continue to serve, an alternate substitutes. After the jury is selected, the judge will explain the duties of its members and will warn them not to discuss the case with anyone until it's over. When the jury is seated, the prosecutor makes their opening statement in which they tell the jury what they intend to prove during the trial. When the prosecutor is finished, the defense attorney usually makes their opening statement. (No opening statement from the defense is required, but one is usually presented) Following opening statements, the prosecutor presents evidence, consisting of testimony from witnesses and exhibits. When the prosecutor questions his witness, it is referred to as "direct examination." When the defense attorney questions that same witness, it is referred to as "cross-examination." You can also have "re-direct" and "re-cross." When the prosecutor finishes presenting their case, the defense attorney can present a defense but, again, it is not required. In some cases, a defense attorney will not present a defense because they believe the prosecutor s case has been successfully "discredited." 5

6 When the defense concludes its presentation, the prosecutor may present evidence to rebut something the defense has raised in its case. If this happens, the defense may present evidence to rebut that. When both sides finish presenting their evidence, they rest. Following all testimony, the prosecutor and defense attorney give closing arguments, also referred to as summations. When all closing arguments are complete, the judge explains the law to the jury and sends them out to deliberate until they reach a verdict The jury cannot discuss the case with anyone who is not on the jury and any verdict must be unanimous. If, by some chance, the jury cannot reach a unanimous verdict no matter how long they deliberate, the judge may declare a mistrial. If that happens, you can be tried again. If you're acquitted, you cannot be charged or tried again for the same crime. Following a guilty verdict, the defense attorney may entertain filing motions to set the verdict aside or ask the court for a new trial. Also, following a guilty verdict, normally there is a pre-sentencing investigation conducted and following that, the accused is sentenced. The Appeals Process If you're convicted after trial, your attorney must file a "Notice of Appeal" for you within 30 days of the sentence date to insure your right to appeal. If you cannot afford an attorney, you may apply for state funded counsel. Instructions how to do so will be given to you. Appeals often take a long time to be heard. On some occasions, bail is allowed pending your appeal, but most defendants wait in jail until their appeals are heard. If the higher court denies the appeal, there are other areas of "post-conviction" relief the accused may consider, such a Petition for Writ of Habeas Corpus. In practice, this is an application made to federal court claiming a violation of federal constitutional rights. Notes 6

INTRODUCTION DO YOU NEED A LAWYER?

INTRODUCTION DO YOU NEED A LAWYER? INTRODUCTION The purpose of this handbook is to provide answers to some very basic questions that inmates or inmates families might have regarding the processes of the criminal justice system. In no way

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR

More information

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by

More information

The Federal Criminal Process

The Federal Criminal Process Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case

More information

Maricopa County Attorney s Office Adult Criminal Case Process

Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

An Introduction to the Federal Public Defender=s Office and the Federal Court System

An Introduction to the Federal Public Defender=s Office and the Federal Court System Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street

More information

The Court Process. Understanding the criminal justice process

The Court Process. Understanding the criminal justice process Understanding the criminal justice process Introduction Missouri law establishes certain guarantees to crime victims, including participation in the criminal justice system. Victims can empower themselves

More information

A petty offense is either a violation or a traffic infraction. Such offenses are not crimes.

A petty offense is either a violation or a traffic infraction. Such offenses are not crimes. F REQUENTLY A SKED Q UESTIONS A BOUT T HE C RIMINAL J USTICE S YSTEM WHO IS THE DISTRICT ATTORNEY? The New York State Constitution provides that the District Attorney is a public official elected by the

More information

Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing. The Charging Decision. Grand Jury 5/22/2014. Misdemeanors v.

Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing. The Charging Decision. Grand Jury 5/22/2014. Misdemeanors v. Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing Presented at: Office of the Attorney General 2014 Texas Crime Victim s Services Conference Transformations: Building Community Networks Grand

More information

The Legal System in the United States

The Legal System in the United States The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed

More information

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html

More information

A Guide to Minnesota Criminal Procedures

A Guide to Minnesota Criminal Procedures t A Guide to Minnesota Criminal Procedures What's the difference between felonies, gross misdemeanors, misdemeanors and petty misdemeanors? Under Minnesota law, felonies are crimes punishable by more than

More information

Subchapter 6.600 Criminal Procedure in District Court

Subchapter 6.600 Criminal Procedure in District Court Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative

More information

Morgan County Prosecuting Attorney Debra MH McLaughlin

Morgan County Prosecuting Attorney Debra MH McLaughlin Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit

More information

JUROR S MANUAL (Prepared by the State Bar of Michigan)

JUROR S MANUAL (Prepared by the State Bar of Michigan) JUROR S MANUAL (Prepared by the State Bar of Michigan) Your Role as a Juror You ve heard the term jury of one s peers. In our country the job of determining the facts and reaching a just decision rests,

More information

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S C RIMINAL LAW 1 0 1 : O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS A C RIMINAL LAW 1 0 1 Prepared

More information

Criminal Justice in New York County

Criminal Justice in New York County criminal justice in new york county new york county district attorney s office Criminal Justice in New York County Learning About the Process cyrus r. vance, jr. district attorney the police and the arrest

More information

A Federal Criminal Case Timeline

A Federal Criminal Case Timeline A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement

More information

Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/

Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Note that not every case goes through all of the steps outlined here. Some states have different procedures. I. Pre-Trial Crimes that would

More information

If a Dismissal of Your Omaha DUI Charges Is Not Forthcoming You May Decide to Take Your Case in Front of a Jury in the Hope of Being Exonerated

If a Dismissal of Your Omaha DUI Charges Is Not Forthcoming You May Decide to Take Your Case in Front of a Jury in the Hope of Being Exonerated TAKING YOUR OMAHA DUI CASE TO JURY TRIAL If a Dismissal of Your Omaha DUI Charges Is Not Forthcoming You May Decide to Take Your Case in Front of a Jury in the Hope of Being Exonerated Thomas M. Petersen

More information

CHAPTER SIX: CRIMINAL PROCEDURE

CHAPTER SIX: CRIMINAL PROCEDURE CHAPTER SIX: CRIMINAL PROCEDURE By Gino L. DiVito, Retired Justice, Illinois Appellate Court, Partner, Quinlan & Crisham, Ltd.; Chicago Commencement of Prosecution In Illinois, the prosecution of a criminal

More information

CAUSE NO. THE STATE OF TEXAS IN THE 49th DISTRICT COURT ZAPATA COUNTY, TEXAS

CAUSE NO. THE STATE OF TEXAS IN THE 49th DISTRICT COURT ZAPATA COUNTY, TEXAS CAUSE NO. STATE S EXHIBIT #1 THE STATE OF TEXAS IN THE 49th DISTRICT COURT VS. OF ZAPATA COUNTY, TEXAS PLEA OF GUILTY, ADMONISHMENTS, VOLUNTARY STATEMENTS, WAIVERS, STIPULATION & JUDICIAL CONFESSION (Defendant

More information

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado. Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.gov/court JURY READINESS CONFERENCE INSTRUCTIONS You have set your case for

More information

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX Form 6. Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Guilty (Rule 3A:8). Before accepting

More information

YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET

YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET Table of Contents CRIMINAL PROCEDURE Initial Appearance/Bond Preliminary

More information

You Have the Right. What You & Your Family Should Know In Case You Are Arrested in Illinois

You Have the Right. What You & Your Family Should Know In Case You Are Arrested in Illinois You Have the Right What You & Your Family Should Know In Case You Are Arrested in Illinois Table of Contents Foreword................................. 2 What to Do if Arrested...........................

More information

CRIMINAL COURT IN MINNESOTA: Understanding the Process so You can Sleep at Night

CRIMINAL COURT IN MINNESOTA: Understanding the Process so You can Sleep at Night RYAN PACYGA CRIMINAL DEFENSE 333 South 7 th Street, Suite 2850 Minneapolis, MN 55402 612-339-5844 www.arrestedmn.com More information on the YouTube channel Ryan Pacyga CRIMINAL COURT IN MINNESOTA: Understanding

More information

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed

More information

Criminal Justice System Glossary of Terms

Criminal Justice System Glossary of Terms Criminal Justice System Glossary of Terms Terms included in this glossary of terms are adapted from the Victims Rights Education Toolkit. The justice system uses specific terms to represent processes,

More information

Chapter 3. Justice Process at the County Level. Brooks County Courthouse

Chapter 3. Justice Process at the County Level. Brooks County Courthouse Chapter 3 Justice Process at the County Level Brooks County Courthouse Chapter Three: Judice Process at the County Level Developmental Assets: Life Skills: TEKS: Objectives: 10. Safety 30. Responsibility

More information

YOUR APPEAL: Center for Appellate Litigation th. 74 Trinity Place - 11 Floor New York, NY 10006 Phone: (212) 577-2523

YOUR APPEAL: Center for Appellate Litigation th. 74 Trinity Place - 11 Floor New York, NY 10006 Phone: (212) 577-2523 YOUR APPEAL: ANSWERS TO SOME BASIC QUESTIONS ABOUT CRIMINAL APPEALS, THE APPELLATE PROCESS, AND YOUR REPRESENTATION ON APPEAL BY THE CENTER FOR APPELLATE LITIGATION Center for Appellate Litigation th 74

More information

Your Criminal Justice System

Your Criminal Justice System Your Criminal Justice System Helpful Information for the Victims and Witnesses of Crime Provided by Kansas Attorney General Derek Schmidt Victims Services Division 120 SW 10th Ave, 2nd Floor Topeka, KS

More information

Glossary of Court-related Terms

Glossary of Court-related Terms Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation

More information

The Circuit Court. Judges and Clerks. Jurisdiction

The Circuit Court. Judges and Clerks. Jurisdiction The Circuit Court The circuit court is the trial court of general jurisdiction in Virginia, and the court has authority to try a full range of both civil and criminal cases. Civil cases involve disputes

More information

Idaho Manual on the Rights of Victims of Crime

Idaho Manual on the Rights of Victims of Crime Office of the Attorney General Idaho Manual on the Rights of Victims of Crime JULY 2004 LAWRENCE WASDEN Attorney General 700 West State Street Boise, ID 83720-0010 www.ag.idaho.gov State of Idaho Office

More information

Rule 6 Adopted at a joint meeting of the District and County Court at Law Judges of Webb County on December 2, 2009

Rule 6 Adopted at a joint meeting of the District and County Court at Law Judges of Webb County on December 2, 2009 Rule 6 Adopted at a joint meeting of the District and County Court at Law Judges of Webb County on December 2, 2009 Committee Members Pete Garza Hugo Martinez Richard Gonzalez Fernando Sanchez Eduardo

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985

CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985 CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985 Subchapter 6.000 General Provisions Rule 6.001 Scope; Applicability of Civil Rules; Superseded Rules and Statutes (A) Felony Cases. The rules

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

APPEARANCE, PLEA AND WAIVER

APPEARANCE, PLEA AND WAIVER Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations

More information

Accused: A person or persons formally charged but not yet put on trial for committing a crime.

Accused: A person or persons formally charged but not yet put on trial for committing a crime. Acknowledgment VictimLaw s Legal Glossary is an adaptation of a glossary created by the National Victim Constitutional Amendment Network (NVCAN) with support from the Office for Victims of Crime, Office

More information

Information about the Criminal Justice System**

Information about the Criminal Justice System** 1 Victim s Guide to the Nebraska Criminal Justice System Information about the Criminal Justice System** ** Please note that the information contained in this booklet is only in relationship to felony

More information

Rule 4 Criminal Practice

Rule 4 Criminal Practice Page 1 Rule 4 Criminal Practice 4.01 Initial appearance in criminal arraignment session. Upon release of the defendant from the pretrial confinement, or upon the issuance of a summons, the clerk shall

More information

Orientation for Contract Court Interpreters PRETRIAL HEARINGS

Orientation for Contract Court Interpreters PRETRIAL HEARINGS There are several different types of pretrial hearings. Some are incident to the early stages of a case, such as detention hearings, bail hearings, Rule 20 or Rule 40 hearings, identity hearings, arrival

More information

Mahoning County Criminal Local Rules of Court. Table of Contents. 2 Grand Jury 2. 3 Dismissals.. 3. 4 Appointment of Counsel... 4

Mahoning County Criminal Local Rules of Court. Table of Contents. 2 Grand Jury 2. 3 Dismissals.. 3. 4 Appointment of Counsel... 4 Mahoning County Criminal Local Rules of Court Table of Contents Rule Page 1 Applicability. 1 2 Grand Jury 2 3 Dismissals.. 3 4 Appointment of Counsel...... 4 5 Case Filing and Court Designation. 6 6 Arraignment...

More information

Courtroom Terminology

Courtroom Terminology Courtroom Terminology A Accused: formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant. Acquittal: a judgment of court, based on the

More information

GLOSSARY OF TERMS - CRIMINAL

GLOSSARY OF TERMS - CRIMINAL GLOSSARY OF TERMS - CRIMINAL Acquittal: A finding that the defendant is not guilty of the charges brought by the government. This finding may be reached by the trial judge in a case tried before a judge

More information

From Arrest to Appeal: A Guide to Criminal Cases in The New York State Courts

From Arrest to Appeal: A Guide to Criminal Cases in The New York State Courts From Arrest to Appeal: A Guide to Criminal Cases in The New York State Courts From Arrest to Appeal: A Guide to Criminal Cases in The New York State Courts Copyright, 2005 The Fund for Modern Courts Acknowledgements

More information

MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program

MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program The following is submitted as a Model Mentoring Plan for the criminal defense practice field. It was prepared by an experienced

More information

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant

More information

GLOSSARY OF TERMS. 48-72 hour fine stay- When payment of a fine is due within 48-72hours, sometimes called a "fine stay for 48 72 hours.

GLOSSARY OF TERMS. 48-72 hour fine stay- When payment of a fine is due within 48-72hours, sometimes called a fine stay for 48 72 hours. GLOSSARY OF TERMS 48-72 hour fine stay- When payment of a fine is due within 48-72hours, sometimes called a "fine stay for 48 72 hours." acquittal: In criminal cases, the legal and formal certification

More information

Jury Duty and Selection

Jury Duty and Selection Jury Duty and Selection Introduction That unwelcome letter arrives in the mail jury duty. Many famous trial attorneys have described jurors as a group of individuals who didn't have a good enough reason

More information

ARREST! What Happens Now?

ARREST! What Happens Now? Personal Injury Wrongful Death Slip & Fall Automobile Accidents Trucking Accidents Motorcycle Accidents Medical Malpractice Criminal Defense You re Under ARREST! What Happens Now? Do NOT Speak to Police

More information

What you don t know can hurt you.

What you don t know can hurt you. What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a

More information

A Victim s Guide to Understanding the Criminal Justice System

A Victim s Guide to Understanding the Criminal Justice System A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:

More information

Community Legal Information Association of Prince Edward Island, Inc.

Community Legal Information Association of Prince Edward Island, Inc. Community Legal Information Association of Prince Edward Island, Inc. Going to Court: Criminal Trial Procedure If you've been charged with a crime and your case has not been diverted from the courts system,

More information

Covering Iowa Law and Courts: A Guide for Journalists

Covering Iowa Law and Courts: A Guide for Journalists CHAPTER 2: The criminal justice system exists to deal with those who commit wrongs against society. These "societal wrongs" are established by the set of laws passed by legislatures. Iowa's criminal laws,

More information

Opening Statements Handout 1

Opening Statements Handout 1 Opening Statements Handout 1 Once the jury has been chosen, the attorneys for both sides deliver an opening statement about the case to the jury. Opening statements outline the facts that the attorneys

More information

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY People make mistakes, especially young people. Juvenile lawyer Bryce Fetter believes children should get a second chance through rehabilitation rather

More information

JUVENILE JUSTICE SYSTEM

JUVENILE JUSTICE SYSTEM JUVENILE JUSTICE SYSTEM A delinquency petition is a court document alleging that a juvenile, between ages 10-16, has violated a law which would be a criminal offense if committed by an adult. Disposition

More information

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED *(Please be advised that this is a general guide only and is by no means an exhaustive summary of all criminal court hearings.

More information

Tarrant County College Police Department

Tarrant County College Police Department Tarrant County College Police Department VICTIM ASSISTANCE An Assistance Program for Victims and Family Survivors of Violent Crimes Tarrant County College The Tarrant County College District Police Department

More information

Defending Yourself in Criminal Court

Defending Yourself in Criminal Court Community Legal Information Association of Prince Edward Island, Inc. Defending Yourself in Criminal Court If you are charged with a criminal offence, certain federal offences, or a provincial offence,

More information

Law & The Courts Resource Guide

Law & The Courts Resource Guide Law & The Courts Resource Guide - what to do in case of an auto accident - your rights in traffic court - your rights if arrested table of contents What To Do In Case Of An Auto Accident...1 Your Rights

More information

CRIMINAL PRACTICE IN THE DISTRICT OF COLUMBIA

CRIMINAL PRACTICE IN THE DISTRICT OF COLUMBIA CRIMINAL PRACTICE IN THE DISTRICT OF COLUMBIA Practice360 A Day for Lawyers and Law Firms HANDLING A CRIMINAL CASE IN DC SUPERIOR COURT Part 1 of 2 Arrest Arraignment Pretrial detention Diversion Indictment

More information

Guide to Criminal procedure

Guide to Criminal procedure Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding

More information

GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM

GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM ARREST An ARREST starts the criminal justice process. It is called an arrest whether the police officer hands you a summons or puts handcuffs on you and takes

More information

TABLE OF CONTENTS. Homicide Case Flowchart...3. Overview of Homicide Trial...4. Location of Local Court Houses...5. General Courtroom Diagram...

TABLE OF CONTENTS. Homicide Case Flowchart...3. Overview of Homicide Trial...4. Location of Local Court Houses...5. General Courtroom Diagram... A Guide to the Homicide Criminal Justice Process P a g e 2 TABLE OF CONTENTS Homicide Case Flowchart...3 Overview of Homicide Trial...4 Location of Local Court Houses...5 General Courtroom Diagram...6

More information

Criminal Law. Month Content Skills August. Define the term jurisprudence. Introduction to law. What is law? Explain several reasons for having laws.

Criminal Law. Month Content Skills August. Define the term jurisprudence. Introduction to law. What is law? Explain several reasons for having laws. Criminal Law Month Content Skills August Introduction to law Define the term jurisprudence. What is law? Explain several reasons for having laws. Discuss the relationship between laws and values. Give

More information

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant )

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) I,, being before the Court this day and with my counsel, Attorney, represent

More information

The Witness and the Justice System in Alberta

The Witness and the Justice System in Alberta The Witness and the Justice System in Alberta Introduction This booklet provides basic information about appearing as a witness in the courts of Alberta. It is designed to explain your role as a witness,

More information

LR2-400. Case management pilot program for criminal cases. A. Scope; application. This is a special pilot rule governing time limits for criminal

LR2-400. Case management pilot program for criminal cases. A. Scope; application. This is a special pilot rule governing time limits for criminal LR2-400. Case management pilot program for criminal cases. A. Scope; application. This is a special pilot rule governing time limits for criminal proceedings in the Second Judicial District Court. This

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

Chapter 18a Powers and Duties of County and District Attorney. Part 1 General Provisions

Chapter 18a Powers and Duties of County and District Attorney. Part 1 General Provisions Chapter 18a Powers and Duties of County and District Attorney Part 1 General Provisions 17-18a-101 Title. This chapter is known as "Powers and Duties of County and District Attorney." 17-18a-102 Definitions.

More information

If/ehJ~ TO PENNSYLVANIA'S COURTS

If/ehJ~ TO PENNSYLVANIA'S COURTS If/ehJ~ TO PENNSYLVANIA'S COURTS ThiS guide is intended to acquaint you with Pennsylvania's judicial system. It provides an overview of how our courts are organized and the kinds of work they do. We hope

More information

CHARGED with a CRIME What YOU

CHARGED with a CRIME What YOU YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Visit the Alberta Justice website at: www.justice.alberta.ca This booklet is intended to provide general information only. If you require specific

More information

AN INTRODUCTION COURT. Victim Services Department of Justice

AN INTRODUCTION COURT. Victim Services Department of Justice AN INTRODUCTION TO COURT Victim Services Department of Justice TABE OF CONTENTS 1. INTRODUCTION......1 2. FIING A POICE REPORT...1 3. COURT PROCESS......2 4. TESTIFYING IN COURT...5 5. COMMONY ASKED QUESTIONS...6

More information

Facts for. Federal Criminal Defendants

Facts for. Federal Criminal Defendants Facts for Federal Criminal Defendants FACTS FOR FEDERAL CRIMINAL DEFENDANTS I. INTRODUCTION The following is a short summary of what will happen to you if you are charged in a federal criminal case. This

More information

Table of Contents. Monder Law Group 2015 www.monderlaw.com 619 405 0063 1

Table of Contents. Monder Law Group 2015 www.monderlaw.com 619 405 0063 1 Table of Contents Introduction....... 2 Arraignment...3 Bonds.......4 Readiness Conference....7 Preliminary Hearing.....8 Motions... 9 Discovery......9 Suppress Evidence...... 10 Dismiss.....11 Sever......11

More information

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Justice 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation

More information

THE SUPREME COURT OF THE REPUBLIC OF PALAU HANDBOOK FOR TRIAL JURORS

THE SUPREME COURT OF THE REPUBLIC OF PALAU HANDBOOK FOR TRIAL JURORS THE SUPREME COURT OF THE REPUBLIC OF PALAU HANDBOOK FOR TRIAL JURORS I. Purpose of This Handbook The purpose of this handbook is to acquaint trial jurors with the general nature and importance of their

More information

FACT SHEET FOR JUDGE SAM SPARKS

FACT SHEET FOR JUDGE SAM SPARKS FACT SHEET FOR JUDGE SAM SPARKS CIVIL CASES Contacting the Court 1. Who should be contacted regarding scheduling matters? Contact Linda Mizell, Judicial Assistant, at (512) 916-5230, and/or the law clerk

More information

NC General Statutes - Chapter 15A Article 48 1

NC General Statutes - Chapter 15A Article 48 1 SUBCHAPTER IX. PRETRIAL PROCEDURE. Article 48. Discovery in the Superior Court. 15A-901. Application of Article. This Article applies to cases within the original jurisdiction of the superior court. (1973,

More information

A Victim s Guide to the Capital Case Process

A Victim s Guide to the Capital Case Process A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney General s Office A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney

More information

INFORMATION FOR CRIME VICTIMS AND WITNESSES CHARLES I. WADAMS PROSECUTING ATTORNEY

INFORMATION FOR CRIME VICTIMS AND WITNESSES CHARLES I. WADAMS PROSECUTING ATTORNEY INFORMATION FOR CRIME VICTIMS AND WITNESSES CHARLES I. WADAMS PROSECUTING ATTORNEY Garden City, Idaho 6015 Glenwood St., Garden City, ID 83714 (208) 472-2900 www.gardencityidaho.org A MESSAGE Garden City

More information

CHAPTER. What is Criminal Justice? Criminal Justice: Criminal Justice: Criminal Justice: What is the Definition of Crime?

CHAPTER. What is Criminal Justice? Criminal Justice: Criminal Justice: Criminal Justice: What is the Definition of Crime? CHAPTER What is Criminal Justice? What is the Definition of Crime? Crime: What is Justice? Justice: Social Justice: Civil Justice: The Theme of this Book Individual Rights vs. Public Order The Theme of

More information

Arizona Constitution: Article II, Section 2.1 Victims Bill of Rights. Arizona Revised Statutes:

Arizona Constitution: Article II, Section 2.1 Victims Bill of Rights. Arizona Revised Statutes: Arizona Laws Arizona Constitution: Article II, Section 2.1 Victims Bill of Rights Arizona Revised Statutes: Title 13, Chapter 40 Crime Victims Rights Title 8, Chapter 3, Article 7 Victims Rights for Juvenile

More information

Connecting with clients through authentic interactions that not only satisfy their practical needs, but also their emotional

Connecting with clients through authentic interactions that not only satisfy their practical needs, but also their emotional THE FAMILY LAW PROCESS AND ITS REQUIREMENTS Connecting with clients through authentic interactions that not only satisfy their practical needs, but also their emotional wants.! 1. ARRAIGNMENT: Arraignment

More information

You need legal help to protect your livelihood, which requires you to drive every day. Call Mr. Singh right away at 916-939-5151.

You need legal help to protect your livelihood, which requires you to drive every day. Call Mr. Singh right away at 916-939-5151. What is Driving Under the Influence (DUI)? Vehicle Code Sections 23151 and 23152 are the drunk driving laws. VC 23152(a) makes it unlawful to drive a vehicle while under the influence of alcohol or drugs.

More information

1255 West Colton Avenue, Suite 101, Redlands, CA 92374 Phone: (909) 255-0658 Fax: (909) 253-7800

1255 West Colton Avenue, Suite 101, Redlands, CA 92374 Phone: (909) 255-0658 Fax: (909) 253-7800 1255 West Colton Avenue, Suite 101, Redlands, CA 92374 Phone: (909) 255-0658 Fax: (909) 253-7800 11801 Pierce Street, 2 nd Fl, Riverside, CA 92505 Phone: (951) 530-1586 Fax: (951) 579-4738 3281 East Guasti

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

LOCAL RULES OF CRIMINAL PROCEDURE 7

LOCAL RULES OF CRIMINAL PROCEDURE 7 LOCAL RULES OF CRIMINAL PROCEDURE 7 7 The Local Rules of Criminal Procedure may be cited as LRCrim. 142 Title I. Applicability F.R.Crim.P. 1. Scope; Definitions LRCrim 1.1 REMOVAL TO FEDERAL COURT With

More information

Fairfax County Circuit Court Preferred Criminal Law Practices

Fairfax County Circuit Court Preferred Criminal Law Practices Page 1 Fairfax County Circuit Court Preferred Criminal Law Practices I. Objectives 1. To expedite the efficient resolution of criminal cases. 2. To reduce the number of unnecessary continuances while providing

More information

CIVIL TRIAL RULES. of the COURTS OF ORANGE COUNTY, TEXAS. Table of Contents GENERAL MATTERS. Rule 1.10 Time Standards for the Disposition of Cases...

CIVIL TRIAL RULES. of the COURTS OF ORANGE COUNTY, TEXAS. Table of Contents GENERAL MATTERS. Rule 1.10 Time Standards for the Disposition of Cases... CIVIL TRIAL RULES of the COURTS OF ORANGE COUNTY, TEXAS Table of Contents GENERAL MATTERS Addendum to Local Rules Rule 1.10 Time Standards for the Disposition of Cases...2 Rule 1.11 Annual Calendar...3

More information