Criminal case events

Written By Steve Rice


  • In this guide, we take our clients (and others who are interested) on a tour of the standard court events (which for one reason or another are often not so standard). We try to dress down the legal gibberish for the average person.

    Each event gets the same treatment:

    • We begin with a blurb that we believe captures the essence of each event.

    • Then we give you some basic information about each event. We focus on the rules, not the exceptions.

    • Then we offer a tip, along with a suggested topic for discussion with your lawyer.

    • Then we offer a heads-up on whether you will get advance notice about the date for the event.

    This guide is not meant to answer all of your questions. It is designed to be a starting point for a conversation with your lawyer. Every case is different so every conversation will go in a different direction.

 

Preliminaries

 

  • This is when you find out how much trouble you’re in.

    THE BASICS
    At the preliminary arraignment, the judge will talk to you about:

    • The charges that have been filed by the police;

    • Your right to a preliminary hearing;

    • Your right to counsel, which will last throughout your case; and

    • Bail, which is the biggest concern in serious cases.

    The charges, they are basically what law they say you violated and how.

    A preliminary hearing, that is discussed in the next section.

    Your right to counsel, that means your right to a lawyer (e.g., from Steve Rice Law).

    What is bail? Most people think of money, but there is more to it than that.

    Bail is a set of conditions (i.e., rules) saying what you have to do—or not do—to get/stay out of jail while you wait for your case to be resolved.

    MORE ABOUT BAIL
    There are a number of standard rules (e.g., show up to court, stay out of trouble, put up some money. And depending on the case, there may be special rules (e.g., no contact with the alleged victim).

    If you get wind of the charges by mail, be happy. That means you are being given a chance to skip the preliminary arraignment.

    The judge will deal with bail at the next event, in a more hospitable environment. You can count on better bail conditions.

    TIP
    Bail can be high or low, easy or hard. What can we do to help persuade the judge to go easy on you? Come prepared. Sometimes there is nothing you can say that will matter. But it is not always that way.

    HEADS UP
    The court/police officer may or may not give advance notice of the date for this event. Steve Rice Law will also give you a reminder (if possible).

  • This is when you find out if there is anything to the charges.

    THE BASICS
    At the preliminary hearing, the government has to support the charges against you with live testimony or other evidence.

    The government can't just say they have the goods on you. They have to show it. They have to back up what they are saying.

    Like at trial, you have a right to:

    • Question their witnesses and inspect their evidence; and

    • Call your own witnesses and offer your own evidence.

    You also have a right to tape or transcribe the hearing, which you should do. Unlike at trial, there will not be a court reporter there to make a record of what happened.

    If the charges are supported by the evidence, it’s not over. The charges will move forward to arraignment.

    If they are not supported by the evidence, it is over. You go home.

    TIP
    You can try and poke holes in their case. But should you do that or play nice?

    HEADS UP
    The court will give advance notice of the date for this event. Steve Rice Law will also give you a reminder.

 

Pretrials

  • This is when the clock starts for trial preparation.

    THE BASICS
    At arraignment, you learn about:

    • Your right to file pretrial motions and how long you have to file them;

    • The charges that have been approved and filed by the District Attorney;

    • What can happen if you don't show up for court; and

    • Your right to counsel (i.e., a lawyer), which you should know about by now.

    What is a motion? A request for help from the judge, usually to help resolve a dispute with the government. There are three types of motions that are important at this stage. They include:

    • Motion for a bill of particulars. This means you are asking the judge to force the government to clarify the charges that you are up against;

    • Motion for pretrial discovery and inspection. This means you are asking the judge to force the government to show you evidence they have; and

    • Omnibus pretrial motion. This means that you are asking the judge to help you in any number of other ways, as part of one umbrella request.

    Sometimes cases are resolved at arraignment. Most of the time cases move forward to the next step.

    TIP
    Motions can be used to charges dismissed or evidence excluded. Will they help you in your case?

    HEADS UP
    The court will give advance notice of the date for this event. Steve Rice Law will also give you a reminder.

  • This is when you let the judge know what you want to do.

    THE BASICS
    Every county has a day like this, although each county may call it different things (e.g., plea day, call of the list, status conference, pretrial conference). We’ll call it a status conference because that is the best description we have seen.

    At the status conference, the judge will want to know where things stand. You will tell the judge whether you want to:

    • Go to trial;

    • Take the deal (e.g., plea bargain, ARD), if one has been made;

    • Plead open (e.g., plead guilty without an agreement as to the sentence); or

    • Ask for more time to figure out what you want to do.

    If you want to take the deal or plead open, the system will make it easy for you. You can do it that day. Sentencing may/will be scheduled for a later date. The status conference may feel like a deadline for deals, but it is not. Plenty of cases do not get resolved until later (e.g., the day of jury selection). It’s up to the parties, although the judge may nix a deal for other reasons.

    If you want to go to trial, the system will not make it easy for you, or us—if you want a jury trial. It will be painful, but where it hurts will vary from county to county (e.g., there may be no available trial dates, you may be on call for days or weeks at a time, you may be required to keep coming back to court). You may or may not be given a date for trial, depending on the case and county.

    If you ask for more time to decide, the judge will want to know why. If, in the judge’s view, you have a good reason, you will get a continuance. If you don’t have a good reason, the judge may still grant your request, especially if the government is not opposed. But don’t expect it.

    TIP
    The system wants you to resolve your case that day. That is what it may feel like anyway. But should you do that or wait and see how things play out?

    HEADS UP
    The court will give advance notice of the date for this event. Steve Rice Law will also give you a reminder.

  • This is when you are supposed to talk about trial preparation. In theory anyway.

    THE BASICS
    At the pretrial conference, you, the government, and the judge will talk about ways to prepare your case for trial.

    Topics may include (but are not limited to):

    • Witnesses;

    • Time for trial;

    • Voir dire issues;

    • Evidentiary issues; and

    • Other matters related to trial preparation.

    The judge may also ask about plea negotiations and where things stand.

    Basically, whatever the judge wants to talk about is on the table.

    TIP
    Pretrial conferences may be seen as a cut-off, depending on the county and case. In other words, if a case goes past the pretrial conference, it will go to trial. Is that what you want?

    HEADS UP

    The court will give advance notice of the date for this event, if one is scheduled. Steve Rice Law will also give you a reminder.

 
 

Trials

 

  • This is when you unpick the jury for your trial.

    THE BASICS
    At jury selection, you and the government supposedly pick the jury. Only you don't actually pick the jury. You unpick it.

    Both you and the government will have the right to strike (i.e., remove) jurors. There are two kinds of challenges you can make:

    • Challenge for cause. This means you are asking to remove a juror because there is a good reason to believe the person will not be fair. There is no limit to the number of jurors you can have removed for cause.

    • Peremptory challenge. This means you are asking to remove a juror whether or not there is a good reason to believe the person will not be fair. It can be based on a vibe. You only get so many of these challenges.

    You do not get to pick any juror. In fact, if you like a juror for some reason, hopefully, it's not obvious. The government may use one of their peremptory challenges to get rid of the person. It cuts both ways, though. You can do the same thing. There are lines, though.

    So the jurors that end up deciding your fate are the ones who are left over. Once your jury is selected (i.e., unpicked), the next step is trial.

    TIP
    Each juror must fill out a questionnaire. Before deciding whether to remove a juror, what do you want to know about him/her?

    HEADS UP
    The court will give advance notice of the date for this event, but it may not be long, depending upon the county and the case. Steve Rice Law will also give you a reminder (if possible).

  • This is when they have to prove that you did it.

    THE BASICS
    At trial, the government has to back up the charges with live testimony or other evidence, just like at the preliminary hearing.

    Just because the government got their case past the prelim does not mean they will win the trial. It is harder to win at trial. Here are some reasons why:

    • The truth. At the prelim, the truth doesn't matter. If you want to show that a government witness is lying, the judge will not even let you go there. At trial, the truth does matter. You can attack the credibility of their witness. And what you or your witness says actually counts this time.

    • The proof. At the prelim, the government can make their case out of thin ice. It does not have to be strong. It just has to look solid. At trial, the ice has to be thick enough for the jury to walk on. There must be proof beyond a reasonable doubt.

    • The jury. At the prelim, a judge decides whether the government has met its burden of proof. At trial, the jury decides. All twelve of your fellow citizens have to agree they have met their burden in order to convict you.

    If the government does win at trial, it’s not over if you don’t want it to be. Your case will proceed to sentencing. You will have the right to challenge your conviction on appeal. (What happens after trial is presently beyond the scope of this guide.)

    If you win, it is over. You go home.

    TIP
    A lot goes into preparing for trial. What can you do to improve your chances of winning?

    HEADS UP
    The court will give advance notice of the date for this event, but it may not be much, depending on the county and the case. Steve Rice Law will also give you a reminder (if possible).

Steve Rice https://www.stevericelaw.com