filed. The County Attorney reviews the information, decides what charges the evidence will support and files charges. There
are occasions when the attorney will determine the information received does not establish that a crime has been committed,
or crucial evidence obtained could not be used at trial. In those instances, the attorney may decline to file charges or request
further investigation from the police.
Charges are filed against the individual who committed the crime by the issuance of a written complaint. The complaint
contains a brief statement of facts and sets forth the crimes the defendant has committed based on those facts. The
complaint may charge the defendant with a single crime or a number of different crimes, all of which arise out of the facts
recited in the complaint. The defendant is given a copy of the complaint, and a court appearance is scheduled.
defendant the exact charges filed and the defendant enters a plea of "guilty" or "not guilty" to those charges. If the
defendant cannot afford an attorney, a public defender is appointed by the District Court to represent the defendant. The
amount of bail is set after an interview and quick investigation of the defendant to determine the likelihood of the person
coming back to Court for further hearings. The more serious that the crime is, the higher the bond will be.
and
Pre-Trial Motions
guilty are the results of a plea agreement. Plea agreements are essentially contracts between the State and the defendant
where the defendant agrees to plead guilty under certain terms and conditions. Since both the State and the defendant risk
losing everything should the case go to trial, plea agreements are a means to arrive at a reasonable and certain disposition
without the necessity of a trial.
The County Attorney makes a plea agreement offer to the defendant only after thoroughly reviewing all aspects of a case.
In each instance, the victim(s) is made aware of the offer and is afforded the opportunity to comment on the offer. All plea
agreements are subject to the Judge's approval and the defendant must formally waive his right to a trial and accept the guilt
before the Court will accept the defendant's plea of guilty.
County Attorney will offer the Defendant a plea agreement (if he or she hasn't already done so). The case is formally set
for trial on a specific date if the defendant does not elect to enter into a plea agreement and plead guilty. A list of witnesses
to be called at trial is given to the Court by both parties and often times the parties use the hearing to narrow the issues in
dispute in order to save time at trial. Many times, this is the last opportunity for a Defendant to accept a plea agreement.
Some judges will not accept a plea agreement between the time of the pre-trial and the trial.
case before a Judge or a jury. Criminal proceedings follow a certain procedure during the course of a trial. Some of the
distinct events, which occur at trial, are as follows:
If a jury is to be used, the trial must begin by first selecting the jury. A case will often involve a jury of twelve
persons. During jury selection, a group of persons called for jury duty are brought to the courtroom where
they are each asked questions by the Judge and the attorneys for each side. The purpose of the questioning
is to make certain that the juror can be fair and impartial in the case. A juror who cannot be fair, for whatever
reason, will be removed from the jury.
- Prosecution's Case -
After the opening statement the prosecutor presents witnesses and testimony. The State's witnesses are
questioned by the prosecutor, and the defense attorney has the opportunity to cross-examine or question the
State's witnesses. The State's case will generally consist of the testimony of witnesses and the introduction
of physical evidence.
- Defendant's Case -
After presentation of evidence for the State has been completed, the defense attorney may present
witnesses and physical evidence for the defense's case. However, since the burden to prove the defendant
committed the alleged offense "beyond a reasonable doubt" is on the State, and the defendant is presumed to
be innocent, the defense may elect not to present any evidence.
If defense witnesses do testify, the prosecutor is given the opportunity to question and cross-examine those
witnesses. During the testimony of the witnesses or the introduction of physical evidence, either attorney
may make an objection to the questions that are asked or the offering of physical evidence. The Judge will
then decide whether the questions that are asked or the offering of physical evidence is proper under the
rules of law.
- Closing Arguments -
At the conclusion of the defense's case, closing arguments will be presented. In the closing, each attorney
attempts to persuade the Judge or jury that their side should prevail. Closing arguments are not evidence, but
are summaries by both sides of the evidence presented during the trial from their respective viewpoints.
- Jury Instructions -
Following the closing arguments by both parties, the Judge will instruct the jury on the issues to be decided
and the rules of law that apply to the case.
- Jury Deliberations -
Jury deliberations are concluded when a unanimous verdict has been reached. The jury returns to the
courtroom and the verdict is announced. If a jury is unable to reach a unanimous verdict after sufficient time to
deliberate, it is considered a hung jury. A mistrial can be declared and a new trial ordered.
- Jury Verdict -
After being instructed by the Judge, the jury retires to another room to deliberate and to return with a verdict
of guilty or not guilty.
the Judge will immediately sentence the defendant.
Keeping in mind the crime to which the defendant is now declared guilty, the judge weighs the defendant's criminal
history and cooperation during the legal process, and then sentences the defendant to his punishment. Once the
defendant is sentenced, the misdemeanor prosecution process is finished.
