Criminal Procedures
Being accused of a criminal or serious traffic offense can be a traumatic and upsetting experience. We hope this information will be of help in guiding you through the process and take some of the mystery out of the procedures. We have tried to anticipate and answer your more frequently asked questions. If you have any additional questions, please don't hesitate to ask a staff member.
WHAT SHOULD I WEAR AND HOW SHOULD I ACT IN COURT?
Suitable attire is required. Shoes and shirts are necessary. Halter tops, tank tops, and shorts are not permitted. Hats are to be removed upon entering the courtroom. No smoking, food, or drink will be allowed. Children may be present in the courtroom, however, if they disturb the proceedings you may be requested to remove them. The court does not provide child care. Upon your arrival, check in with the Court Services Officer outside of the courtroom. You may then have a seat in the courtroom until the session convenes. You do not need to check in with the clerk unless your name is NOT on the calendar. When your name is called, come forward and have a seat at the defense counsel table until instructed otherwise by the Judge.
WHAT IS AN ARRAIGNMENT?
The arraignment is generally your first appearance in court. The Judge will inform you of the charge and will confirm that you understand your constitutional rights as explained on the sheet that was provided to you upon check in with the Court Services Officer. Finally, the maximum punishment and mandatory minimum punishment, if any, will be stated and at that time you will be asked to enter a plea to the charge (Guilty or Not Guilty). No testimony is taken or evidence presented at the arraignment.
WHAT ARE MY CONSTITUTIONAL RIGHTS?
All persons accused of any crime or traffic offense that might result in a jail sentence, have the following rights:
- To have an attorney present with you at all hearings;
- To have an attorney appointed at public expense if you cannot afford to hire one to represent you;
- To represent yourself without an attorney;
- To a public and speedy trial;
- To cross examine any witnesses who testify against you;
- To call witnesses to testify on your behalf, and to have the court compel their attendance;
- To testify or not testify yourself; if you choose not to, no one can make you testify;
- To appeal to Superior Court if you are convicted after a not guilty plea.
SHOULD I SPEAK WITH AN ATTORNEY BEFORE ENTERING A PLEA?
In may cases this is a good idea. The Judge, at your request, will continue the arraignment. If you wish to plead not guilty, the Judge will request that your attorney file a Notice of Appearance within seven (7) days. If you fail to appear at any hearing, the Judge may order your bond or bail to be forfeited and a warrant may issue.
IF I AM FINANCIALLY UNABLE TO HIRE AN ATTORNEY, HOW DO I QUALIFY FOR PUBLIC DEFENSE?
At the arraignment, you will need to notify the Judge or court staff that you wish to apply for public defense. You will be required to fill out a financial affidavit that will be reviewed by the Judge. The Judge will determine if you qualify for public defense according to the indigency guidelines. Many people have the understanding that public defense is free. This is not true in most cases and it is at the Judge's discretion as to how much will be imposed for public defense fees. If you are appointed public defense, you MUST contact the Public Defender IMMEDIATELY for an appointment, and be available for all meetings as requested by the attorney.
WHAT HAPPENS IF I PLEAD GUILTY?
If you plead guilty, it means that you admit the charge and the elements to prove the charge. By pleading guilty, you waive your constitutional rights and in most cases, you will be sentenced right then. You may speak on your own behalf at sentencing.
WHAT HAPPENS IF I PLEAD NOT GUILTY?
A not guilty plea denies the charge and none of your constitutional rights are waived unless you expressly wish to do so. You are presumed innocent and the prosecution must prove your guilt beyond a reasonable doubt at a subsequent trial. The next hearing will be a pretrial conference where the city prosecutor will be present. You and your attorney, if you have one, are required to be present. At this conference, all motions are heard, information about the evidence in the case and witness names are exchanged, unless it has already been completed outside of court, and then a trial date is set. You will need to contact the court by noon, two (2) days prior to the trial date to notify the court of your choice to have a bench or jury trial.
WHAT IS THE DIFFERENCE BETWEEN A BENCH AND JURY TRIAL?
A bench trial is when your case is heard by the Judge only. A jury trial is where six (6) jurors are selected to hear the case and they alone decide the verdict. The Judge has the authority to accept the jury's verdict and proceed to sentencing or he may overturn their decision on a guilty finding.
WHAT ALTERNATIVES ARE THERE FOR SERVING A JAIL SENTENCE?
The Electronic Home Detention program and serving community service in lieu of jail are options, however the Judge will need to grant the approval for this. Keep in mind that there are occasions that the mandatory sentencing guidelines do not permit the Judge to impose alternative jail arrangements.
WHAT MUST I DO IF I CAN'T PAY ALL OF MY FINE TODAY?
If you are unable to pay your fine in full at the time of sentencing, the Clerk may arrange a time pay agreement. This is a contract with the court for installment payments and must be strictly adhered to. Read the contract carefully, as failure to follow the contract may result in additional fees, a hold or suspension of your driver's license, a bench warrant being issued and/or assignment to a collection agency.
WHAT IS A SUSPENDED SENTENCE?
Often the Judge will suspend imposition of a portion, or all, of a sentence on the condition of compliance with various conditions within a time limit. If the conditions are satisfied, the suspended portion of the sentence is never served. If the conditions are violated, then you will be required to return to the court for a hearing for possible imposition of the suspended sentence.
