Things You Should Bring to Court

• Identification which could include a valid Driver's License, Social Security Card, picture identification, etc.
• Copy of citation, if applicable
• Appearance letter, if applicable
• Any receipts regarding the case, such as bond receipts, cash bail receipts, etc.
• Jail release papers, if applicable
• Any documents which prove that you have complied with the judicial orders and/or sentencing
• Cash, personal check or postal money order to pay for fines and fees
• Do not use any nickname or alias; use the same spelling as listed on documents related to the case, and ensure spelling listed on documents is correct - if they are not, advise the Court

Warning: If you fail to appear in Court as promised, a bench warrant may be issued and may result in your being arrested and/or punished by JAIL AND/OR A FINE.

What Occurs in a Misdemeanor Case?

Misdemeanors are primarily offenses with a maximum punishment of a $1,000 fine and a county jail term of 1 year or less. However, there are some offenses which can carry a higher maximum fine.

An arrest is made - police take the defendant to jail (or released on signed citation in the field). If the defendant is arrested and given a date to appear in court, three things can happen:

1. The defendant is released - no charges are filed
2. The defendant posts bail or is released on his own recognizance ("OR") and is scheduled for arraignment
3. The defendant remains in custody of the Sheriff /law enforcement agency and is brought to Court for arraignment

Arraignment & Plea - Defendant is brought to court.

1. Defendant informed of charges
2. Defendant is informed of his/her constitutional rights
3. An attorney is retained by the defendant. If the defendant wishes to have an attorney but cannot afford one of his/her choice, the Court may appoint one.
4. Bail is set by the Court. Defendant is released on "own recognizance", or remains in custody if unable to post bail.
5. or...
6. Defendant enters a plea - guilty, not guilty, or no contest

Not Guilty

The defendant states that he/she did not commit the crime. The case is set for a future hearing.

Guilty or No Contest

Guilty - The defendant admits that he/she did commit the crime 
No Contest - The defendant will not contest the charge. It has the same effect as a guilty plea except that the conviction cannot be used against the defendant in a civil suit. 
If the defendant pleads Guilty or No Contest, the case is resolved at the time of arraignment. This will include any fines/fees and/or court-ordered programs imposed by the judge.

Pre-Trial Proceedings After a Not Guilty Plea

• Discovery is exchanged between the prosecution and the defense attorneys. This includes police reports, blood test results, photographs, etc.
• Motions may be filed to set aside the complaint, to dismiss the case, or to suppress evidence, etc.
• Defendant may change his/her plea to guilty or no-contest
• A hearing will be held to attempt to settle the case without going to trial.
• Case doesn't settle – proceeds to trial. (See: What Occurs at Trial, below.)

What Occurs in a Felony Case?

Arrest

• Police take defendant to jail/defendant remains in custody/defendant taken to Court for arraignment
• If no charges are filed, the defendant is released
• Upon posting of bail, or if the defendant is released on his/her "own recognizance" (O.R.), which means the defendant is bound by a promise to appear, an arraignment date is scheduled

Arraignment on Complaint

• Defendant is brought to court or appears if out of custody
• Defendant is represented by a retained attorney or an attorney is appointed if indigent
• Defendant is advised of his/her constitutional rights
• Bail is set or,
• Defendant is released on his/her "own recognizance"

Preliminary Hearing

• Witnesses testify
• If the judicial officer finds insufficient evidence, the defendant is released
• If the judicial officer finds sufficient evidence, the defendant is held to answer in the criminal trial department

Arraignment on Information

• Defendant is brought to court or appears if out of custody
• Defendant is represented by a retained attorney or an attorney is appointed if indigent
• Defendant is advised of his/her constitutional rights
• Bail is set or,
• Defendant is released on his/her "own recognizance"
• Pre-trial and trial dates are set

Pre-Trial Proceedings After a Not Guilty Plea

• Discovery is exchanged between the prosecution and the defense attorneys. This includes police reports, blood test results, photographs, etc.
• Motions may be filed to set aside the complaint, to dismiss the case, or to suppress evidence, etc.
• Defendant may change his/her plea to guilty or no-contest
• A hearing will be held to attempt to settle the case without going to trial.
• Case doesn't settle – proceeds to trial. (See: What Occurs at Trial, below.)

What Occurs at Trial?

Jury Trial

• Jury is selected
  • Witnesses testify
  • Jury decides if the defendant is guilty or not guilty
  • If not guilty, the defendant is released and cannot be tried again for the same crime.
  • If guilty
  • Sentenced to Jail/Probation/other conditions
  • Appeal - The defendant can appeal to the Appellate Department of the Superior Court

Court Trial

• Witnesses testify
• Judge decides whether the defendant is guilty or not guilty
• If not guilty:
  • The defendant is released and cannot be tried again for the same crime.
• If guilty:
  • Sentenced to Jail/Probation/other conditions
  • Appeal - The defendant can appeal to the Appellate Department of the Superior Court