Contact Us. Translate this page:. Print E-mail. If this happens, the authorities tell the defendant when to go to court for arraignment, or The defendant stays in custody jail. Law enforcement officers transport the defendant to the court for arraignment. Arraignment The arraignment is the first time the defendant appears in court.
The defendant enters a plea of guilty, not guilty or no contest also known as "Nolo Contendere". The judge finds the defendant guilty and enters a conviction in the court record. No Contest means the defendant does not contest disagree with the charge.
This plea is the same as a guilty plea, except the conviction cannot be used against the defendant in a civil lawsuit. The trial process can be confusing and frightening for people who are not regularly involved in courtroom procedures. For people facing felony charges, this can be even more frightening as a felony conviction most often means jail time. Before the trial can even begin, the defense, the prosecution, and the judge must gather to select a jury to hold the trial with.
Jury selection is a long process that involves both sides and the judge asking questions and making motions to either keep or remove potential jurors based on their perceived ability to make impartial and fair decisions. The process of jury selection is known as voir dire. After the jury has been selected the trial will begin.
The trial itself is a multi-step process that encompasses several elements and procedures. Skip to content. Court Process Contents 1 Infraction 2 Misdemeanor 2. When you are charged with a crime, the first step in criminal proceedings is the arrest.
The First Step At the arraignment hearing you will be asked to wait until your name is called. Once you are called in front of the judge, he or she will inform you of a few things: Charges: The judge will inform you of the charges being brought against you, and the potential punishments.
Right to an Attorney: The judge will then tell you that you have a right to an attorney. If you have selected one, he or she should be present with you and inform the judge of their representation at this time. If you do not have enough money or are under certain circumstances that prevent you from obtaining a lawyer, the court can appoint a lawyer for you to represent you in court. Plea The next step in the arraignment process is the plea.
Guilty pleas at the first arraignment hearing are uncommon; it is more common to enter a guilty plea to less severe or reduced charges after you or your attorney speaks with the prosecutor. It signifies that the defendant does not disagree with the charges against him or her. However, the advantage of entering a no contest plea is that the conviction cannot be brought against the defendant in a lawsuit for a civil trial. It is common to see this plea in traffic court or after plea bargaining.
Discovery Discovery is the exchange of information relevant to the case between the prosecution and the defense. Motion to Suppress Evidence At times, overzealous and unwarranted police action can result in evidence being obtained against you that is not relevant to the case, that is obtained illegally, or that should not have been obtained in the first place.
Motion for Dismissal A motion for dismissal is a tactic your lawyer can employ to get the court to dismiss the charges completely. Continued Plea Bargaining During this time period, your attorney can also continue to plea bargain with the prosecutor. Your lawyer will prepare you for the trial process. There are several steps for preparation. Jury Selection For a trial to take place, the courts must obtain a jury. Trial Opening Statements: Each side will deliver their opening statements, they tell the jury how they will structure their case, and what evidence they will see over the course of the trial.
Evidence and Testimony: During this time, evidence and witness testimony will be presented, and each side will have a chance to examine and cross-examine each witness or piece of evidence. Closing Arguments: Finally, each side will deliver their closing arguments to the jury. Effectively tying the case together and putting the evidence, witness testimony, and events of the trial into a summary that speaks to the jury in an effort to convince them to serve the desired verdict.
The prosecution will rely on showing that a crime was committed and the law was broken. Your defense will focus on casting reasonable doubt on the events, as well as try to show that the prosecution is unable to prove the crime was even committed. If any single juror dissents in a guilty verdict they must all continue to deliberate. Verdict: Finally, after deliberation, your verdict will be served.
You can also request to appeal your case in an appellate court. All criminal justice proceedings begin at the arrest. Entering a Plea The judge will read you your charges, advise you of the consequences of those charges, and advise you of your right to an attorney.
You can enter one of the following pleas: Guilty: Pleading guilty to your charges means that you admit to committing the crime and accept the sentencing and punishments attached. It is not very common for defendants to enter a guilty plea at their initial arraignment. For felony charges be sure to get a lawyer before even considering entering a guilty plea. Not Guilty: Pleading not guilty to your charges means you do admit to committing the crime.
If you are seeking legal counsel this is the first step in both plea-bargaining and going to trial. If you have a lawyer he or she will have the opportunity to speak with the prosecutor after you enter your plea.
It means you do not disagree with the charges against you. However, this also means that your conviction on these charges cannot be used against you in civil court. Bail Felony crimes often result in the detention of the defendant. Burden of Proof At the preliminary hearing, you are not on trial for your crime. Your Defense During the preliminary hearing, your attorney can put up as much of a defense for you as he or she could in a normal trial.
Arraignment on the Information Now that your charges have been formalized and the judge has deemed that the court will hold a case against you, you are going to face the judge with the confirmed charges. Pleas Similar to the initial arraignment, you will be given the chance to enter a plea in court.
Again, since these are felony charges you may want to refrain from entering a guilty plea right away and order to discuss options with the prosecutor. This plea can also be used to further extend plea bargaining if possible. If you decide to bring the case to trial, the trial will take place within 60 days. You may also waive your right to a speedy trial if you and your lawyer feel that more time to prepare is necessary. If you choose to do this, you will want to have a date in mind beyond those 60 days.
Additional, if no courts are available on the day you choose, the trial may be postponed further. Discovery This is most often handled at the preliminary hearing, however, if your attorney needs items from the prosecutor to bolster your defense, you may see some discovery processes during the pretrial period.
Suppression There are times when an overzealous or misguided officer will attempt to obtain evidence in a manner that does not comply with 4th Amendment rights. Dismissal Your lawyer can also make a motion for the dismissal of the charges against you due to invalidity.
Pitchess The Pitchess motion calls into question the conduct of the officer who performed your arrest. Serna A Serna motion is used to suggest a dismissal of charges based upon a violation of your right to speedy trial. Jury Selection Before the trial can even begin, the defense, the prosecution, and the judge must gather to select a jury to hold the trial with. The judge makes the decision as to whether this cause is valid. Peremptory: A peremptory challenge is the motion to remove a juror without valid reason, or with no reason given.
Each side only has a limited number of these to use. The Trial After the jury has been selected the trial will begin. If your judgment includes a period of probation, and if you do not comply with the terms of probation, the prosecutor may file a motion asking the court to find that you have violated your probation.
If the court finds you have violated probation, the court may order you to pay additional fines, serve additional jail time, or anything else the court have included at the original sentencing. Do not drive until you have the permit in your possession; once you have the permit, drive only during the times and for the purposes stated on the permit. You cannot get a permit for the period of time that a suspension is absolute.
For more information, call the IDOT or your local department of motor vehicles. On appeal, the district court decides whether the magistrate judge in your case followed the proper procedures and properly applied all the applicable laws.
Either you or the prosecutor may file an appeal within 42 days after the judgment is entered. If you do not appear for your initial appearance, you may be charged with an additional offense known as failure to appear FTA.
If you are charged with an FTA, the court is likely to issue a warrant for your arrest. If you fail to appear for proceedings after your initial appearance, the court will likely issue a warrant for your arrest. You will be required to show good cause why the court should not hold you in contempt.
If the court is contacted ahead of time and if you have a good reason, the court may reschedule your case. The court requires compelling reasons before it excuses a failure to appear.
You are not required to have a lawyer. You may represent yourself if you wish. Another person who is not a lawyer may not represent you in court. Whether you want to represent yourself or whether you want a lawyer to represent you is a decision only you can make. Idaho courts have tried to make it easier for people who want to represent themselves in court, particularly in misdemeanor cases, but a non-lawyer who represents him or herself is expected to follow court rules and procedures the same as a lawyer.
A misdemeanor citation is a serious matter that is decided in a formal setting. You should dress appropriately. You should be on time, and if you are represented by a lawyer, you should be 15 minutes early so you can talk to your lawyer before your hearing. Food or drink is not allowed in a courtroom. Children should not be brought into a courtroom unless they are old enough to sit quietly and not disrupt the proceedings.
Cell phones and pagers should be turned off while you are in the courtroom. It is illegal to bring weapons of any kind into a courthouse. If you are represented by a lawyer, listen to his or her advice, and ask questions so that you understand what is happening and can make the best decisions for yourself. If you are not represented by a lawyer, make the effort to become familiar with the law and procedures involved in your case.
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