Criminal Court Process

The Process of the Criminal Court

You are presumed innocent until proven guilty.

 You must plea one of three ways: Not Guilty, Guilty, or Nolo Contendere (Latin for No Contest).  You plea Not Guilty when you are innocent.  You plea Not Guilty when there is insufficient evidence to prove guilt.  You plea Not Guilty when you are uncertain how to plea.  You plea Not Guilty to demand your right to a trial.

When a plea of Guilty is entered, it is often after your Attorney has negotiated a Plea Agreement with the State Attorney.  This negotiation includes the sentence to be imposed.  Although the Judge is not required to accept the State Attorney's agreement, most Judges will honor negotiated plea agreements.

If you plea guilty or are found guilty there will be a sentencing hearing.  This will give you, your attorney, and any other interested persons the opportunity to speak on your behalf.  Unless your plea was negotiated before hand, this is the time to present witnesses who will testify as to your character.  The Judge may order a Pre-Sentence Investigation into your background and circumstances.

There are alternatives to sentencing: Pretrial Diversion, Pretrial Intervention, Drug Court, and Probation. Each of these programs has limitations and requirements.  It is extremely important that you seek out an attorney who is familiar with these programs as well as which Judges may or may not look favorably upon these options.

A person convicted of a crime has the right to appeal his or her conviction. During the appeal process the Judge may allow your release on bail pending the outcome.  The Judge will only do this if he or she believes that the appeal has merit and that you will reappear in court.  The appeal must be filed within 30 days of sentencing, but should be filed as soon as possible.

FIRST APPEARANCE
Appearance before a Judge who will decide if there is probable cause for arrest, set pretrial bail, inquire about an attorney.
DeclinedFILE FORMAL CHARGES
Case Reviewed by the State Attorney
Charge(s) Issued
ARRAIGNMENT
Enter formal plea and set pretrial and trial dates.
State Attorney Dismisses Case or Plea AgreementCASE PREPARATION
Your Attorney will file for discovery, depose witnesses, investigate case, meet with State Attorney.
Pretrial/ Final Conference
DismissalMotion Hearings
Not GuiltyTRIAL
Probation
Diversion
Drug Court
Intervention
SENTENCING
APPEAL