Overview
The
Superior Court has jurisdiction over misdemeanor and felony
criminal charges. Misdemeanors are offenses generally punishable
by fine and/or county jail term, and felonies are generally
punishable by imprisonment in the State prison and/or fines,
or even the death penalty. The Court conducts arraignments
where accused individuals are informed of the specific charges
against them and are advised of their rights. The Court
holds preliminary hearings on felony charges to determine
if there is sufficient evidence to require a defendant to
stand trial. More detailed information is located in the
following sections:
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Things
You Should Bring to Court
-
Identification which could include a valid Driver's License,
Social Security Card, picture identification, etc.
-
Copy
of citation, if applicable
-
Appearance
letter, if applicable
-
Any
receipts regarding the case, such as bond receipts, cash
bail receipts, etc.
-
Jail
release papers, if applicable
-
Any
documents which prove that you have complied with the
judicial orders and/or sentencing
-
Cash,
personal check or postal money order to pay for fines
and fees
-
Do
not use any nickname or alias; use the same spelling as
listed on documents related to the case, and ensure spelling
listed on documents is correct - if they are not, advise
the Court.
WARNING:
If you fail to appear in Court as promised, a bench warrant
may be issued and may result in your being arrested and/or
punished by JAIL AND/OR A FINE.
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What
Occurs in a Misdemeanor Case?
Misdemeanors
are primarily offenses with a maximum punishment of a
$1,000 fine and a county jail term of 1 year or less.
However, there are some offenses which can carry a higher
maximum fine.
An
arrest is made - police take the defendant to jail (or
released on signed citation in the field). If the defendant
is arrested and given a date to appear in court, three
things can happen:
1. The defendant is released - no charges are filed
2. The defendant posts bail or is released on his own
recognizance ("OR") and is scheduled for arraignment
3. The defendant remains in custody of the Sheriff /law
enforcement agency and is brought to Court for arraignment
Arraignment
& Plea - defendant is brought to court
1. Defendant informed of charges
2. Defendant is informed of his/her constitutional rights
3. An attorney is retained by the defendant. If the
defendant wishes to have an attorney but cannot afford
one of his/her choice, the Court may appoint one.
4. Bail is set by the Court. Defendant is released on
"own recognizance", or remains in custody
if unable to post bail.
OR
5. Defendant enters a plea - guilty, not guilty, or
no contest
·
Not Guilty - the defendant states
that he/she did not commit the crime.
The case is set for a future hearing.
· Guilty or No Contest-
·
Guilty - the defendant admits that he/she
did commit the crime
· No Contest- the defendant
will not contest the charge. It has the same effect
as a guilty plea except that the conviction cannot
be used against the defendant in a civil suit.
If the defendant pleads Guilty or No Contest, the
case is resolved at the time of arraignment. This
will include any fines/fees and/or court-ordered
programs imposed by the judge.
Pre-Trial Proceedings After a Not Guilty Plea
-
Discovery is exchanged between the prosecution and
the defense attorneys. This includes police reports,
blood test results, photographs, etc.
- Motions
may be filed to set aside the complaint, to dismiss
the case, or to suppress evidence, etc.
- Defendant
may change his/her plea to guilty or no-contest
- A
hearing will be held to attempt to settle the case
without going to trial.
- Case
doesn’t settle – proceeds to trial. (See:
What Occurs at Trial, below.)
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What
Occurs in a Felony Case?
· Arrest
- Police
take defendant to jail/defendant remains in custody/defendant
taken to Court for arraignment
- If
no charges are filed, the defendant is released
- Upon
posting of bail, or if the defendant is released on
his/her "own recognizance” (O.R.), which
means the defendant is bound by a promise to appear,
an arraignment date is scheduled
·
Arraignment on Complaint
- Defendant
is brought to court or appears if out of custody
- Defendant
is represented by a retained attorney or an attorney
is appointed if indigent
- Defendant
is advised of his/her constitutional rights
- Bail
is set or,
- Defendant
is released on his/her "own recognizance"
-
Witnesses testify
-
If
the judicial officer finds insufficient evidence, the
defendant is released
-
If
the judicial officer finds sufficient evidence, the
defendant is held to answer in the criminal trial department
·
Arraignment on Information
-
Defendant is brought to court or appears if out of custody
-
Defendant
is represented by a retained attorney or an attorney
is appointed if indigent
-
Defendant
is advised of his/her constitutional rights
-
Bail
is set or,
-
Defendant
is released on his/her "own recognizance"
-
Pre-trial and trial dates are set
·
Pre-Trial Proceedings After a Not Guilty Plea
-
Discovery is exchanged between the prosecution and the
defense attorneys. This includes police reports, blood
test results, photographs, etc.
-
Motions may be filed to set aside the complaint, to
dismiss the case, or to suppress evidence, etc.
-
Defendant
may change his/her plea to guilty or no-contest
-
A
hearing will be held to attempt to settle the case without
going to trial.
-
Case doesn’t settle – proceeds to trial.
(See: What Occurs at Trial, below.)
·
Jury Trial
o Jury is selected
o Witnesses testify
o Jury decides if the defendant is guilty or not guilty
· If not guilty, the defendant is released and cannot
be tried again for the same crime.
· If guilty:
· Sentenced to Jail/Probation/other conditions
· Appeal - The defendant can appeal to the Appellate
Department of the Superior Court
·
Sentenced to Jail/Probation/other conditions
· Appeal - The defendant can appeal to the Appellate
Department of the Superior Court
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