Court Procedure

THE PROCEDURAL STEPS

These are the basics of standing trial.  You should consult a qualified attorney in your specific case. 

1. A complaint or some incident brings law enforcement into a situation. Police investigate, and make a report.

2. If the police can show a judge "probable cause" for the issuance of a warrant, or if an emergency situation exists, or where evidence is apparent of an alleged crime, a person may be arrested or issued a summons for court.

3. If arrested, the court must set Bond within 48 hours of arrest. Bond/Bail is an amount of money or value of property that must be posted as security to ensure the person returns to court. In some cases, the person may be released with a personal surety to a family member, or "on their own recognizance". These are both promises that the person will return to court.

4. If the State has filed official charges, an Arraignment hearing is held at which time the person arrested enters either a "not guilty" or “guilty” plea to the charges.    

5. Preliminary motions, if any, involving arguments as to legality of the arrest, admissibility of certain evidence, and use of prior crimes in trial, may be filed, and heard in pretrial hearings.

    

6. If no agreement is reached in reference to dismissal, reduction of charges, or guilty pleas (commonly known as a Plea Bargain), the case is subject to trial in which a jury or a judge (depending on the severity, and nature of the case) decides the guilt or innocence.

7. If a person is convicted by a Jury or Judge, the guilty verdict may be appealed, and reviewed by a higher court. Appellate Courts review cases on their merits and consider whether there is sufficient legal error to overturn a conviction. Only if an Appellate Court finds sufficient error to overturn, does a case get returned back to the Trial Court to correct the error, or to conduct a new trial.