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1. What do I need to remember about court hearings?

You must appear in court for all your court hearings unless told otherwise by your lawyer. It can take several months for a case to move through the court system. During that time, it is important for you to keep in touch with your lawyer and to make all court appearances until your lawyer tells you that your case is over.

You can help your lawyer by:
- Being on time for court
- Coming to court prepared with any questions you have for your attorney
- Wearing appropriate clothing

2. What is an initial appearance?

The initial appearance is your first step in the criminal justice system. At this appearance you will be:
- Informed of your charges
- Appointed an attorney if you are unable to afford to retain the services of a private attorney
- Advised of your next court date and court location

3. What happens at a preliminary hearing?

Preliminary hearings occur for persons accused of committing a felony through a direct complain, instead of an indictment. We have a helpful document that gives a full overview of preliminary hearings.

Preliminary Hearing Overview.

4. Does a preliminary hearing still occur if I received an indictment?

If you received an “indictment” on a felony offense, you will not have a preliminary hearing. Instead, the Grand Jury has already found probable cause to charge you. Your next court date will be for an arraignment.

5. What occurs at an arraignment?

Arraignments are held in Superior Court. At the arraignment, the Court will enter a “Not Guilty” plea on your behalf and will ensure that you have an attorney representing you on your case. If the Court determines that you cannot afford to hire an attorney, one will be appointed to assist you and you will receive instructions on how to contact your assigned attorney. The Court will also assign your case to a judge and set your upcoming court dates.

The next court date is an Initial Pretrial Conference.

6. What do I need to know about plea agreements?

Under the law you are presumed innocent until proven guilty.

A plea agreement is an agreement you enter with the State, with the acknowledgement and assistance of your attorney. Typically, plea agreements offered by the prosecutor will give you a better sentence than if you went to trial and lost. The decision to plead guilty is entirely up to you. By pleading guilty you give up several rights, including your right to trial. It is important to review the entire plea agreement with your attorney and that you understand the consequences of the entering into the agreement before you sign it and before you enter it in court. If you have any questions about the plea agreement, be sure to discuss them with your attorney.

Please note that even though you sign a plea agreement with the prosecutor, the judge is not required to accept the terms of the agreement.

7. How many different kinds of pretrial hearings are there?

The Court may set a number of pretrial hearings before your case proceeds to trial. The settings may include:
- Comprehensive Pretrial Conference (CPTC)
- Hearings on motions filed by the attorneys
- Initial Pretrial Conference (IPTC)
- Settlement Conference
- Status Conference
- Trial Management Conference

8. I'm not sure I understand the purpose of the trial after all these hearings. What happens at a trial?

A trial is a court proceeding where the prosecutor must prove “beyond a reasonable doubt” that you committed the crime charged. Your attorney will have an opportunity to cross examine the prosecutor’s witnesses and to present witnesses and evidence to tell your story. Felony trials are heard by a jury unless you, your attorney, and the prosecutor agree to have your case presented to a judge.

9. How does sentencing occur, and when?

If you enter into a plea agreement or if you are found guilty after trial, you will be scheduled for sentencing approximately one month later. Before the sentencing date, you will meet with a probation officer who will prepare a report for the judge. The report will include a recommendation for your sentence. You should discuss this process with your attorney before you meet with the probation officer. In addition, provide your attorney with letters of support, personal references and other information that could motivate the judge to look more favorably upon you at your sentencing.

At sentencing, your attorney will have the opportunity to speak on your behalf. You also will have the chance to speak to the judge. If you want anyone else to speak on your behalf at sentencing, let you attorney know in advance of the hearing. Those who cannot attend sentencing can submit a letter on your behalf. The letters may be addressed to the sentencing judge, but should be sent to your attorney so the attorney can review them and submit them to the Court on your behalf.

10. Can I appeal a decision on my case?

If you are convicted after a trial and wish to appeal your case, you will have the right to file an appeal. Discuss this with your attorney prior to sentencing. If you wish to appeal, your attorney will arrange to have a notice of appeal filed within 20 days after you are sentenced.