1. Initial Appearance - The Initial Appearance is the first hearing in a felony case. The Initial Appearance is normally schedule within a few days or weeks of formal charges being filed. At the Initial Appearance, the judge can address the issue of bail or release, if the defendant is in jail. The judge will also verify that the court has your correct information such as name, date of birth, address, etc. Most importantly, the purpose of the Initial Appearance is to provide the Defendant and his or her attorney with a copy of the Information or formal charging document and advise the defendant of the charges that have been filed against him or her. The judge will then set the next court date for the Roll Call Hearing.
2. Roll Call - The purpose of the Roll Call is for the defendant to advise the judge as to whether he wishes to have preliminary hearing. Some cases have more than one roll call. The Roll Call also provides an opportunity for the defense attorney to negotiate with the prosecutor to see if a plea agreement can be made. If a plea agreement is reached, the defendant will waive his right to a preliminary hearing. If a plea agreement is not reached, the court will set a date for a preliminary hearing if the defendant desires one.
3. Preliminary Hearing - The preliminary hearing serves several purposes. First, the preliminary hearing is a sort of screening mechanism. At a preliminary hearing, the rules of evidence are not strictly adhered to. Particularly, hearsay evidence is admissible. At the preliminary hearing, the prosecutor must present enough evidence to establish that probable cause exists to believe that a crime was committed and that the defendant was the person who committed the crime. The prosecutor does not have to prove the case beyond a reasonable doubt, that is the standard of proof at trial. If the judge is convinced that probable cause exists to believe that a crime was committed and that the defendant committed it, the case will be bound over for trial. The second purpose served by the preliminary hearing is that is serves as a method of discovery for the defense. The preliminary hearing allows the defense attorney a sort of sneak peak at the prosecution's case. A skilled defense attorney can learn a great deal about the prosecution's case at the preliminary hearing. The defense attorney is allowed to cross examine the prosecution witnesses and can even present his own witnesses, if he chooses to. It is very rare for the defense to call any witnesses to testify at a preliminary hearing. Since the preliminary hearing is on the record, the witness's preliminary hearing testimony can be introduced at a later trial to impeach the credibility of a witness whose trial testimony is inconsistent with his or her preliminary hearing testimony.
4. Arraignment - After a case has been bound over from the Preliminary Hearing, an Arraignment is scheduled. At this hearing, the defendant is required to enter a plea of guilty or not guilty. If you enter a plea of guilty the case will be scheduled for sentencing. If you plead not guilty, your case will be scheduled for a Pre-trial Conference.
5. Pre-trial Conference - At the pre-trial Conference your attorney can discuss your case with the prosecutor and can again attempt to negotiate a reasonable plea agreement. If you are unable to reach a plea agreement, the pre-trial conference can be used to schedule further hearings in your case or a trial date.
6. Motion/Suppression Hearing - A skilled attorney may be able to file Motion to Suppress asking the court to suppress some or all of the evidence or a Motion to Dismiss asking the court to dismiss the case in its entirety. If the Motion is granted a case can be dismissed or seriously weakened. There may be several motions which can be filed depending on the facts of your case.
7. Trial - If your are unable to negotiate a satisfactory plea agreement and your case is not dismissed on a Motion to Suppress or Motion to Dismiss, you have the right to have your case tried before a judge (bench trial) or a jury (jury trial). The size of the jury is determined by the most serious charge filed against you in your case. At the trial the prosecution will be required to present witnesses and evidence that supports the charges against the defendant. At trial the prosecution has the burden of proving the defendant is guilty beyond a reasonable doubt. In order to convict, all members of the jury must agree to find the defendant guilty, this is called a unanimous verdict.
8. Appeal - If you are found guilty, you have the right to appeal your conviction. There are many different reasons for filing an appeal and it is important that you have a skilled attorney review your case and determine which grounds for appeal will have the greatest likelihood of success. You may be able to appeal the denial of a motion to suppress or an error at trial. In some cases, a successful appeal will result in a dismissal of the case, in others it may result in a new trial. Regardless of the basis of appeal, a written Notice of Appeal must be filed within 30 days of the conviction and/or sentencing. Along with the Notice of Appeal, a Petition for a Certificate of Probable Cause can be filed asking the court to stay the imposition of the sentence that was imposed until the appeal has been decided.
9. Sentencing - If you are convicted or enter a plea of guilty pursuant to a plea agreement, the defendant has the right to be sentenced in no less than two (2) but no more than forty-five (45) days. The defendant has the right to waive time for sentencing and be sentenced immediately if he or she chooses. In some cases, a judge will require the defendant to meet with a probation officer prior to sentencing to get a pre-sentence report. The pre-sentence report is a recommendation by the probation department for what type of sentence is appropriate for the defendant. At sentencing, the court will hear recommendations from probation, the prosecutor, and from the defendant and his attorney. None of these recommendations are binding on the court and the judge makes the final determination as to the sentence to be imposed.
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