• Going to court can feel stressful, but staying informed makes things much easier. Here are a few key points to help you stay on track:

    • Always Show Up: You must attend every court hearing unless your lawyer specifically tells you otherwise.

    • Be Patient: Cases can take several months to move through the system. Stay in regular contact with your lawyer and keep attending court until your lawyer confirms your case is officially finished.

    How You Can Help Your Lawyer (and Yourself):

    • Arrive on Time: Being punctual shows respect for the court and helps your case run smoothly.

    • Come Prepared: Bring any questions or documents you need to discuss with your attorney.

    • Dress Appropriately: Wear neat, respectful clothing to make a good impression.

    Remember, showing up and staying connected with your lawyer is one of the best ways to protect your rights and strengthen your case.

  • The initial hearing (sometimes called an initial appearance) is your very first step in the criminal court process. At this hearing, the court will:

    • Explain Your Charges: You’ll be told what crimes you are being accused of.

    • Provide an Attorney (if needed): If you cannot afford a private lawyer, the court can appoint one to represent you.

    • Give You Important Dates: You’ll be informed of your next court date and the location.

    • Set Release Conditions or Bond: The judge will decide whether you will be released on your own, under certain conditions, or if you’ll need to post a bond.

    This hearing is an important step—make sure you understand what’s being said and ask your lawyer any questions you have.

  • Arraignments take place in Court and are an important step in your case. Here’s what you can expect:

    • Entering a Plea: The court will enter a “Not Guilty” plea for you (this is standard at this stage).

    • Confirming Your Lawyer: The court makes sure you have an attorney representing you.

    If You Need an Attorney:

    • The court may appoint one for you.

    • You’ll be given instructions on how to contact your appointed attorney.

    • This buys you time to do your research and/or gather resources if thinking of retaining a private attorney

    Assigning Your Judge and Next Court Date:

    • The court will assign your case to a specific judge.

    • You’ll be given the date and location for your next hearing, sometimes called a Pretrial Conference.

  • If you’ve been indicted by a Grand Jury on a felony charge, you will not have a preliminary hearing. This is because the Grand Jury has already found probable cause to move forward with the charges against you.

    Your next court date will be an arraignment, where the court will enter a plea on your behalf and make sure you have an attorney.

  • Sometimes, a preliminary hearing is “scratched” or “vacated.” This could happen if:

    • The prosecutor has not filed formal charges yet, or

    • The prosecutor decides to present the case to a grand jury instead.

    If charges are re-filed later, you’ll get a new court date.

    • It’s very important to keep your mailing address up to date with the post office so you don’t miss any court notices.

    If you miss a court date because you didn’t get the notice, a warrant can be issued for your arrest.

    Waiving the Preliminary Hearing & Plea Agreements

    You may waive (give up) your preliminary hearing if you, your attorney, and the prosecutor reach a plea agreement.

    • Prosecutors often offer plea deals that may result in a lighter sentence than what you could receive if you go to trial and lose.

    • By accepting a plea deal, you give up your right to a preliminary hearing, a trial, and an appeal.

    • The plea agreement is entered in court that same day, and your sentencing date is usually scheduled about a month later.

  • Under the law, you are presumed innocent unless and until you are proven guilty at trial or you choose to plead guilty.

    Sometimes the state may offer you a plea agreement. This means:

    • You agree to accept responsibility for some or reduced charges.

    • In return, you may receive a lighter sentence than if you went to trial and were convicted of all charges.

    • Your attorney will review any plea offer with you and explain the details.

    • The decision to accept or reject a plea is 100% yours.

    Important Consequences of a Plea

    • By pleading guilty, you give up certain rights, including your right to a trial.

    • Always review the entire plea agreement with your attorney to make sure you understand the consequences before signing or entering it in court.

    • Ask questions—your attorney is there to help you fully understand your options.

    • Even if you sign a plea deal with the prosecutor, the judge does not have to accept the terms of the agreement.

  • A trial is when the prosecutor must prove, beyond a reasonable doubt, that you committed the crime you’ve been charged with.

    At trial:

    • The prosecutor presents witnesses and evidence to try to prove the case against you.

    • Your attorney can cross-examine those witnesses and present your own witnesses and evidence to share your side of the story.

    • The prosecutor cannot force you to testify or ask you any questions unless you choose to testify.

    • You have a right to remain silent, and after talking with your attorney, you decide whether or not you will testify.

    Important:

    • You do not have to prove you are innocent—the burden of proof is entirely on the prosecutor to prove you are guilty.

  • If you accept a plea agreement or are found guilty at trial, your sentencing hearing will usually be scheduled about one month later.

    Preparing for Sentencing

    • Before sentencing, you’ll meet with a probation officer who will prepare a report for the judge.

    • This report includes background information and a recommendation for your sentence.

    • Talk with your attorney before this meeting so you understand what to expect.

    • Give your attorney letters of support, personal references, or other positive information that might help the judge see you more favorably.

    Speaking on Your Behalf

    • At sentencing, your attorney will speak on your behalf.

    • You will also have the opportunity to address the judge directly if you choose.

    • If you want friends or family to speak for you, let your attorney know ahead of time so they can make arrangements.

    • People who cannot attend the hearing in person can submit a letter addressed to the judge. These letters should be given to your attorney first so they can review and submit them properly.

  • If you are convicted after a trial, you have:

    • The right to appeal your case, and

    • The right to file a Petition for Post-Conviction Relief (PCR).

    If you entered into a plea agreement, you may have waived your right to appeal, but you might still have the option to file a Post-Conviction Relief petition.

    Important: After sentencing, there is a very limited window of time to file a Notice of Appeal or Notice of Post-Conviction Relief. Be sure to discuss this with your attorney before sentencing so you don’t miss any deadlines.

    What is an Appeal?
    An appeal is a request for a higher court to review your case to determine whether the trial court made any legal errors.

    • The appellate court does not reweigh evidence or retry your case.

    • Instead, the court reviews the trial transcripts and the written arguments (briefs) from both sides.

    • The goal is to determine if any legal errors occurred and if those errors impacted the outcome of your case.

Criminal Court Process