A SIMPLIFIED OUTLINE OF THE CRIMINAL PROCESS

 

After an alleged crime has been reported and a Defendant identified:

 

Initial Appearance

• Occurs through an Arrest or Summons to Appear
• You can:

                        Hire Own Counsel                               

                        Get Court Appointed Counsel

                        Represent Yourself

 

• If you Get Court Appointed Counsel or Represent Yourself this initial appearance

                        is your Arraignment

 

Second Appearance

• If you hired your own lawyer, this is your Arraignment
• If you Get Court Appointed Counsel or Represent Yourself, this is your

                        Pre-Trial Conference date

 

Third Appearance

• If you hired your own lawyer, this is your Pre-Trial Conference date
• If you Get Court Appointed Counsel or Represent Yourself, this is your

                        Compliance date

 

Fourth Appearance

• If you hired your own lawyer, this is your Compliance date
• If you Get Court Appointed Counsel or Represent Yourself, this is your

                        Trial Assignment date

 

Fifth Appearance

• If you hired your own lawyer, this is your Trial Assignment date
• If you Get Court Appointed Counsel or Represent Yourself, this is your

                        Trial date

 

Sixth Appearance

• If you hired your own lawyer, this is your Trial date

 

At any Appearance a Defendant may tender a Plea.  Additionally, some Appearance’s may be repeated at the request of either party – a Continuance.

 

The Court allows a maximum of 45 days between dates (exceptions do occur)

 

 

 

TERMS

Simplified Definitions

 

 

Arraignment

            On this date, the Defendant is formerly notified of the charges against him.

            Bail may be set or the Defendant released on Personal Recognizance and a date for a Pre-Trial Conference is selected

 

Pre-Trial Conference Date

On this date, the Prosecutor and Defense Counsel discuss the case, exchange information on the case, any additional information which may be required to be disclosed, and terms of a possible plea.  If a plea is not possible and there are still issues to resolve, a Compliance Date is selected.

 

Compliance Date

This date is the date when all discovery (exchange of agreed information) is to be completed. Police reports, statements of witnesses, any documents, etc., are provided. If everything necessary has been provided to both sides, the case goes to the Jury Session for a Trial Assignment Date. Again, a plea may be tendered on this date if the Defendant feels the terms are beneficial to his interest.

 

Trial Assignment Date

On this date, the Prosecutor and Defense Counsel select a Trial date. As at each of the prior dates, a Plea may be tendered if the Defendant feels the terms are beneficial to his interest.

 

Trial Date

A trial may be by a Jury of six (District Court) or by a Judge (Bench Trial).  A decision of a Jury must be unanimous.  In a Jury case, the Judge acts as an umpire, and if the Jury returns a guilty verdict, the Judge sentences the Defendant. In a Bench Trial, the Judge listens to the evidence, decides guilt or innocence and,    if he finds the Defendant guilty, imposes a sentence.

            Again, as at each of the prior dates, a Plea may be tendered if the Defendant feels the terms are beneficial to his interest.

 

Plea

Once charged with a crime, a Court enters a Plea of Not Guilty for the Defendant. At any time throughout the process, a Defendant may enter a Plea to a charge and that Plea may be: Guilty or an Admission to Sufficient Facts. In both cases the Defendant admits to the charge, however, an Admission to Sufficient Facts, if the Defendant complies with the terms of his Probation, does not result in a conviction but rather a Dismissal at the conclusion of the term of Probation. 

            A Guilty plea results in a conviction.

 

All cases eventually end in one of the following ways:

 

            Dismissal – the charges are Dismissed

 

Pre-Trial Probation – the charges are Dismissed at some point in the future providing the Defendant stays out of trouble, if not the charges are resurrected. The Defendant enters no plea and admits to nothing.

 

            Continued Without a Finding – This is an Admission to Sufficient Facts.  The Defendant is placed on Probation for a period of time.  Should he                         successfully complete the terms of his Probation the case is Dismissed. A Conviction does not result from a CWOF.  However, failure to                                     successfully complete the terms of Probation may result in the revocation of the CWOF with a Guilty finding being entered.

 

            Plea of Guilty – A Defendant may enter a Plea of Guilty to any charge at any time. Such a plea usually results in the Defendant being placed on                    Probation for a period of time, Sentenced to jail for a period of time, or Sentenced to jail but the period of time is suspended and the Defendant is               placed on Probation.  The Sentenced is only imposed if the Defendant fails to successfully complete the terms of his Probation.

 

Verdict of Guilty or Verdict of Not Guilty – after a trial before a Jury or Judge (a Bench Trial), a verdict is reached and delivered to the Court.  Should the verdict be Guilty, the Judge imposes a sentence after input from both sides and any victims. If the verdict is Not Guilty, the Defendant is released and free to go.

           

Probation – the Defendant is placed on Probation for a period of time usually with certain terms and conditions. A Probation Officer may be assigned to oversee the successfully completion of the terms and conditions by the Defendant. Being on Probation is like being sent to Detention when you were in school.  If you can abide by the terms and conditions of your Probation you don’t go to jail.  If you fail, a Violation of Probation Hearing may result in your incarceration.