The Initial Appearance
If the defendant has a lawyer, this person (referred to as the defense attorney) will be in court to represent the defendant. If the defendant cannot afford to hire and attorney, the court (judge) will appoint one for them.
The defendant will have an initial appearance on the first day the courts are in session after his arrest. Some defendants, instead of being arrested, are issued a summons to appear in court on a specific date. During this initial appearance, the defendant is formally charged with a crime or crimes. You are not required to attend this hearing.
Bail will be set on the charge(s). The bail is the amount of money or property the defendant will have to turn over to the court in order to ensure that he will appear at all required court proceedings. Some defendants are released on bail, and the DA may request certain conditions, such as that the defendant have no further contact with you.
The Defense Attorney
The defendant will be represented by an attorney. There may be occasions when you and your family will be contacted by a representative of the defendant—either his attorneys or an investigator. You are not required to talk with any person representing the defendant; anything you say to these people can be used against you in court. If you aren’t sure what to do, call the District Attorney Victim/Witness Specialist, or Tri-County Council.
The Arraignment
The arraignment is a hearing at which the defendant enters a “plea” on the charge(s). He can plead “not guilty,” “guilty,” or “not guilty by reason of mental disease or defect.” No testimony is taken at an arraignment and victims are not required to be present.
NOTE: In a misdemeanor case, the initial appearance and the arraignment are combined into one hearing, which the victim is not required to attend. Misdemeanors do not have preliminary hearings.
Pre-Trial Conferences
Pre-trial conferences are formally scheduled meetings between the defendant, defense attorney, and DA to discuss the resolution of a case. Possible resolutions are: the defendant deciding to plead guilty to the charge(s); the defendant continuing to plead not guilty—ultimately resulting in the case going to trial.
At any point after the preliminary hearing, the defense attorney and the DA may work out a plea bargain.
If the DA is considering a plea bargain, they should tell you about it, and you should let the DA know how you feel about it. Plea bargaining can be to your advantage, particularly if your case will be very difficult to prove, or if you really don’t want to testify in court. Plea negotiations include discussions of the willingness of the defendant to plead guilty, the charge(s) the defendant will please guilty to, and recommendation for sentencing.
Pre-Trial Motions
Both the DA and the defense attorney can bring legal motions either to allow certain evidence to be introduced or to keep specific evidence from being presented at the trial. This evidence may include such things as statements made by the defendants, articles found during a search of the suspect, his vehicle or residence, additional charges or prior convictions of the defendants, etc.
Pre-trial motions are presented to the judge during separate hearings. You may choose to attend any motions hearing in your case; in some cases, you may be needed to testify at a motions hearing—if so, the DA will notify you in advance.
The Trial
Both the defense attorney and the DA can ask to have the trial date postponed in order to prepare further motions or because a set date is inconvenient. Trial dates may be set and then postponed more than once, and without prior notice, and this may be very frustrating to you. While most cases are resolved within one year, some cases can take longer. Cases in which the defendant pleads guilty are usually resolved more quickly than cases which go to trial.
It is helpful for you to meet with the DA again before the trial, so that you understand what will happen and what is expected of you at the trial. During trial, you and all other witnesses will be required to testify in open court. Both the DA and the defense attorney will ask you questions, and you will be expected to give a complete, detailed account of the assault. The defense attorney's questions are generally designed to attack the credibility of a victim or witness and may be difficult for you to undergo. Either attorney may object to questions they consider legally improper. The judge will rule on any objection and determine whether the witness should answer.
The results of your medical examination, laboratory analysis, and the testimony of other witnesses may also be presented at the trial. The DA has the burden of proving the charge(s) against the defendant “beyond a reasonable doubt.” the defendant is not required to present any defense and is not required to testify. At the end of the trial, the judge or a 12-person jury (if it was a jury trial) pronounces the verdict. In a criminal case, the jury verdict must be unanimous. If the defendant is found guilty, the judge may sentence the defendant immediately or may order a pre-sentence investigation before sentencing the defendant at a later date.
The Pre-Sentence Investigation
A pre-sentence investigation is an investigation of the defendant’s background, previous convictions, and psychological history, conducted by a probation and parole agent from the Division of the Department of Correction who prepares and submits a written report to the judge. The pre-sentence report must include a section entitled, “Victim Impact.” You will be given an opportunity to discuss with the agent the physical, psychological, and economic effects on your life, and your feelings and opinions regarding sentencing. The agent will include this information in their report to the court so that the judge may consider it when deciding on an appropriate sentence.
The Sentencing
The trial judge is responsible for sentencing the defendant. You may attend this hearing if you wish. The judge has a number of alternatives concerning sentencing, including a term of incarceration in prison or jail, or a term of probation under the supervision of a Probation and Parole Agent. The judge may set conditions of probation which may include psychiatric treatment, drug and alcohol treatment, no contact with children, etc.
The Appeal
Once the case is completed, a convicted person has the right to appeal his conviction or sentence. The State, as represented by the District Attorney does not have the right to appeal a finding of not guilty, or appeal the sentence.
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Taking It To Court