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1. The following information is not a manual or a comprehensive
instruction guide. It is intended to be a short and simple
informational statement about basic requirements and procedures.
2. You are not required to have a lawyer. You may represent yourself
if you wish. Whether you retain an attorney or not is a decision only
you can make. Neither the judge nor the clerk’s office can or will give
you advice. The court staff is available to provide you with
information, not legal advice. They may be able to help you
understand the court process or how to do what you need, but they
have been instructed not to answer questions if you are seeking
advice on what to do, whether it is of a legal nature or not. To
serve you more effectively, they may suggest you seek the advice of an
attorney or refer you to other resources.
3. A misdemeanor citation is a serious matter that is decided in a
formal setting. You should dress appropriately. You should also be on
time. Food or drink is not permitted in the courtroom. Children should
not be brought into a courtroom unless they are old enough to sit
quietly and not disrupt the proceedings. Cell phones and pagers are not
allowed in courtrooms.
4. Please be patient. There may be a delay before your case is called,
and there are a variety of reasons why delays happen. It is often
necessary to schedule several hearings for the same time, to make the
most efficient use of court time (and taxpayer money). Sometimes, a
hearing scheduled earlier in the day takes longer than expected.
Sometimes the court must deal with urgent matters which take precedence
over other scheduled hearings.
YOUR RIGHTS
You will be advised of your rights in the
courtroom. If you do not understand these rights, it is important that
you tell the judge so they can be explained in more detail to you.
1. One of your rights is to consult with a lawyer. The court may give
you time to hire and talk with your attorney if you request one. If you
can’t afford an attorney, you can ask the judge to appoint one for you.
You will have to fill out a financial form to make sure you qualify.
You will have a lien filed against you and be required to reimburse the
county for all or part of the costs of a court-appointed attorney.
2. You have the right to a speedy, impartial trial before a judge, and
maybe before a jury.
3. You are presumed innocent until proven guilty beyond a reasonable
doubt.
4. You have a right to use the “compulsory process” of the Court. This
means that you have the right to call witnesses on your behalf, and to
have the court issue subpoenas to require them to appear. You also have
the right to confront and cross-examine any witnesses against you.
5. You have the right against self incrimination. This means you may
remain silent. You do not have to answer questions asked of you, and
you do not have to testify against yourself.
THE CHARGES AND POSSIBLE PENALTIES
At your initial appearance in court, the judge will tell you what you
have been charged with and what the possible penalties are. The charges
are listed on the citation or complaint and summons you will have
received.
The penalty will be based on what you are charged with. A Class 1
misdemeanor charge is punishable by up to one year in the county jail
and/or
a $2000 fine. A Class 2 misdemeanor is punishable by up to 30
days in the county jail and/or a $500 fine.
All fines are due and payable on the day you are
sentenced.
You should be prepared to pay the full amount, plus any costs that are
ordered.
Misdemeanor sentences can also include suspension of your driver’s
license, community service, probation, restitution to a victim, or other
conditions as set by the judge.
THE
BASIC COURT PROCEDURE
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The case starts when a citation or summons is issued to you. The
charges are listed, as well as
your court date,
called an initial appearance.
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At your
initial appearance, you will be again notified of the charges and the
possible penalties. You will also be advised of your rights. If you
are charged with a Class 1, a preliminary hearing will be scheduled or
your case will be submitted to a grand jury. You may waive your right
to a preliminary hearing or a grand jury proceeding. A preliminary
hearing or a grand jury proceeding are separate evidentiary proceedings
where a determination is made whether there is sufficient evidence to
proceed with criminal charges against you. A preliminary hearing is a
hearing in front of a judge. A grand jury is a body of citizens
consisting of not less than six nor more than ten jurors impaneled and
sworn to inquire into all public offenses committed or triable in the
county. If the judge or the grand jury determines there is sufficient
evidence of a crime an arraignment court date will be set and you will
be asked to plead guilty or not guilty to the charges. If you plead not
guilty to a Class 1 or a Class 2, a trial date will be set. You will be
entitled to a trial by jury unless you waive that right. If you are
charged with a Class 2 misdemeanor and the judge tells you in advance
that you will not receive jail time, you are not entitled to a jury
trial or court appointed counsel.
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At trial, which can typically last from an hour to a full day if there
is a jury, evidence will be presented and witnesses may testify so a
decision can be made about whether you are guilty of the charges.
Either the judge or the jury will make that decision, however, the judge
decides your sentence if you are found guilty.
§
If you are found guilty, sentencing may be done right away (on a Class
2) or a separate hearing may be scheduled (on a Class 1). The judge may
order a pre-sentence investigation report (PSI) on a Class 1 conviction.
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If you disagree with the outcome of your trial, you may file an appeal.
Separate rules and time limits apply.
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