At an arraignment
the Judge advises you what you are being charged with, your rights,
and the possible penalties that are involved with the charges. You can
either enter a plea of guilty, not guilty, or stand mute. If you plead
guilty you can be sentenced immediately or at a later date. If you plead
not guilty or stand mute, the Judge will set your case for a pre-trial
date. If you would like to have an attorney present at your pre-trial
conference and you can't afford one - one will be appointed however,
you may be required to pay all or part of the costs of the attorney.
A form for a court appointed attorney must be filled out and left at
the front counter before you leave the courthouse.
At the arraignment,
if you have not posted a bond, the Judge may require you to post a cash
bond or can release you on your own recognizance. Your new court date
will be given to you in the courtroom and a notice can be picked up
at the front counter before leaving.
If your case is
a Felony it will be set for a preliminary exam within 14 days from the
arraignment date.
Pre-trials:
A Pre-Trial conference
is set for the purpose of going over the facts of your case with the
prosecutor and your attorney, if applicable, and any complaining witnesses/victims
that are involved in the case. If a resolution of the case is met a
plea agreement is signed and given to the Judge for approval. If accepted
the plea is put on the record and you may be sentenced immediately or
at a later date. Fines and costs are to be paid at the time of sentencing
unless other arrangements are made. If you have a posted a cash bond,
it may be applied to fines and costs at the time of sentencing. If another
person posted bond for you, that person will need to be at the court
to release the bond. If any of the bond money is to be returned to you
it will be mailed to you or may be picked up after 9:00 a.m. the next
day in the form of a check.
Preliminary
Exam:
A Preliminary Exam
is set for the purpose of determining whether or not there is enough
evidence to proceed with the charges. The prosecutor has to show that
there is probable cause that a crime has been committed and that you
committed that crime. You may waive your right to a Preliminary Exam
and be bound over to Circuit Court for an arraignment on information
within 14 days.
If you choose not to waive your right to a Preliminary Exam then your
case goes to a hearing and testimony will be taken. After all testimony
is finished, the Judge will determine if there is enough evidence to
have your case bound over to the Circuit Court.
Bench
Trial / Jury Trials:
You have the right
to have a trial by Judge or by Jury. If you waive your right to a Jury,
the Judge will hear the facts of the case and determine beyond a reasonable
doubt whether or not you committed that crime.
If you choose to
have a Jury Trial your case will be heard by a Jury of your peers.
Formal
Hearings:
To request a Formal
Hearing you must call within 20 days from the date the ticket is issued.
Formal Hearings are only heard on civil infraction cases. A Formal Hearing
is conducted in front of a Judge and a prosecuting attorney will be
present. You may plead responsible, responsible with explanation, or
not responsible. If you plead responsible or responsible with explanation
the Judge may accept the plea and assess fines and costs at that time.
If you plead not responsible, your case will go to a hearing. The Judge
will hear all testimony and must decide either in favor of the plaintiff,
or in favor of the defendant by a preponderance of the evidence (51%).
Bench
Warrants / Warrant Recalls:
A warrant can be
issued for your arrest for the following reasons:
Failure to appear
for a scheduled court date.
Failure to pay
a payable misdemeanor ticket.
Failure to comply
with a court order to pay fines and costs.
To have your warrant
cancelled you must do one of the following things:
Post a cash
bond to receive a new court date.
Pay all fines
and costs owing.
Turn yourself
in on the warrant any day Monday through Friday at 8:30 a.m.
The Judge may require that a cash bond be posted at that time.
Appearances:
If you have retained
your own attorney they may file their appearance by mail or by faxing
the appearance to (313)387-2712.