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At this hearing the defendant is informed of the charges against him/her and advised of the following rights: 1) The right to make a statement concerning those charges. Motions may also be made orally in court, particularly during trial, although the use of oral motions is more limited in pre-trial proceedings. After the defense presents its case, the prosecution will have an opportunity to offer rebuttal evidence that challenges the Defense's evidence. An arrested person whose bail has been set pursuant to warrant or the local bail schedule may post bail before seeing a judge. In the Unified Criminal Docket, the Court uses a trailing docket, in which cases are put in standby mode until it is their turn to be tried. A dispositional hearing is not an adversarial hearing and does not involve the presentation of evidence or witnesses. The court tries to schedule both the conference and the hearing on the same day. Each case is different, however, and sometimes defendant testimony is important. What is the Alternative Sentencing Program? A person charged with a crime benefits from a number of constitutional rights, including the following: - The right to be presumed innocent unless the State proves each element of the charge beyond a reasonable doubt. The arraignment is a court appearance where you are formally charged with the offense and asked to enter a plea of guilty or not guilty. The right to a speedy and public trial by the court or by a jury. 2021 New Hampshire Revised Statutes. Once a case is up for a trial, the jury will be impaneled, and the trial will begin.
So, to be sure that you are able to have input, it is best to contact the State's Attorney with your information, so that the Court will be aware of your feelings in the case. An arrest warrant is a written order issued by a judge, commanding the authorities to arrest the named person and bring him or her without unnecessary delay before the nearest available judge of a county or district court. Westbury, N. Y. : Foundation Press. There is a short deadline, so ask for the form at your arraignment if you wish to have the right to a jury trial.
At a disposition hearing, the case is almost over. A pretrial conference may be conducted for several reasons: (1) expedite disposition of the case, (2) help the court establish managerial control over the case, (3) discourage wasteful pretrial activities, (4) improve the quality of the trial with thorough preparation, and (5) facilitate a settlement of the case. The dispositional conference is not a trial, but a negotiation day to see if the case can be resolved by agreement. The probation officer gives the judge a written report with recommendations. The courts also schedule a dispositional conference in which the parties may discuss the possibility of a plea bargain or settlement. Under this procedure, the defendant pleads guilty to a charge, but the judge does not officially enter a judgment of conviction against the defendant. That department is the longest period, or one of the longer periods. Was it a legal stop by the police? An unsecured bond is merely a promise by the defendant to appear in court – a personal recognizance bond – or a promise by both the defendant and some other party that the defendant will appear in court – a co-signed personal recognizance bond.. An unsecured bond does not require the posting of any money or other property.
If a preliminary issue arises after the pretrial conference, a party may request a special pretrial hearing with the court to address the issue. Many criminal convictions may also carry collateral consequences, which are indirect consequences of having a criminal conviction. Typically, Defendants cannot get any record of what happens in the grand jury proceedings under the unified criminal docket. Pre-trial conferences and dispositional hearings are two proceedings at which plea negotiation is explicitly encouraged but, as a practical matter, plea discussions may take place at virtually all hearings and at many points in between those hearings. If your charge carries a risk of jail, the first time you appear at court you will have the opportunity to meet with a financial screener who will determine whether you are eligible for a court-appointed lawyer. This is a motion for the judge to rule on whether the State has succeeded in proving enough evidence that a reasonable jury could find the Defendant guilty beyond a reasonable doubt. Pretrial conferences are so important in civil cases that a court may order litigants to appear at a pretrial conference and impose fines on them if they refuse to appear (G. Heileman Brewing Co. v. Joseph Oat Corp., 871 F. 2d 648 [7th Cir. You should carefully discuss this with your attorney before doing so. Furthermore, the defense attorney will discuss potential legal defenses to the charges that may cause the prosecutor to reconsider his or her initial plea offer, or may result in the prosecutor reducing or dismissing charges due to proof problems. For example, in criminal cases, pre-trial motions by defendants commonly include motions for dismissal of the indictment and for suppression of evidence. The truth is, every case is different.
A hearing where you are sentenced on a charge. Before you testify, the State's Attorney will prepare you for your testimony, and answer any questions you may have about the legal proceeding. With warmest regards. You and your attorney, if you have one, must personally appear in court on that date. For example, when defendant is in custody with a high bail, defense counsel can bring a motion to reduce bail to not only ask for reduced bail (or even the client's release on his or her own recognizance), but to educate the judge and the prosecutor about case facts that might not be mentioned in the police report or pre-plea report. In Los Angeles County, at the arraignment, the defense attorney usually will ask the judge to order the probation department to prepare a "Pre-Plea" report. If the stop yields information to confirm the suspicion, the stop may escalate into an arrest.
A formal notice will be given to the defendant, and/or attorney documenting their appearance at the conference and schedule for Post-Indictment Arraignment. Both sides discuss weaknesses and strengths of the case, and possible outcomes. Some cases are long and complicated; some are short and simple. 3) The right to a probable cause hearing on any indictable offense. After you are arrested and "booked, " if you are not released on bail, you must be brought before a judge within 48 hours for an initial appearance. What are the penalties for crimes in Maine? A secured bond may be posted by depositing cash with the court, or by depositing certain approved securities or real estate with the court, or through the use of aprofessional bonding agent – commonly called a bail bondsman – who has been approved by the State to post bonds on behalf of persons accused of crimes. Miller, Frank W., Robert O. Dawson, George E. Dix, and Raymond I. Parnas. A Defendant who is not able to afford the jury fee may apply to the court for a waiver of the fee.
Defendants who don't violate their bail often expect their bail money to be returned to them at the close of the case; however, this rarely happens. In most cases, the trial will begin sometime within a week or two of the jury selection date. Prosecutors often offer shorter sentences or reduced charges to defendants who plead guilty, on the premise that doing so will achieve a fair and just result, and will do so more quickly and efficiently than resolving the matter through trial. If you are in custody, you may make a bail argument to try to get out while your charges are pending. The maximum amount of time these Orders may remain in effect is up to five years. By setting your Dispositional Conference further out, your attorney will have the time necessary to discuss the discovery with you and develop a defense strategy.
These motions are always based on a specific legal issue, and having an attorney is key to making sure your case is fully defended, and no stone is left unturned in defending you. Similar requirements are imposed on prosecutors. Also, when a Plea Hearing is scheduled in misdemeanor cases, quite often the Court will sentence the defendant at the same time. This reduces the Court's load and helps the Court weed out many of the cases that really may not be good trial cases. We are located at 1250 Forest Avenue, Portland, Maine 04103. At this court event the judge formally reads the charges against the defendant as per the indictment and the defendant will receive a chance to enter an initial plea of either "guilty" or "not guilty. "