Misdemeanor/Felony

 

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Misdemeanor/Felony 

If you have been cited for a Misdemeanor or Felony offense, you must appear at the date and time indicated.

If you have been charged with a criminal offense, you have the right to:  an attorney, a trial, question witnesses at the trial, present evidence and witnesses at the trial, be silent at the trial, and be presumed innocent unless the State can prove you guilty by proof beyond a reasonable doubt.

If you are charged with Driving Under the Influence (DUI) you have the additional right to a jury trial.

If upon conviction your case involves a jail term, the Judge will also advise you of your right to have an attorney appointed should you be unable to afford to hire an attorney.

If you are charged with a misdemeanor crime when you see the Judge, tell the Judge what you want to do in your case.

a)  If you plea guilty, no contest, or responsible, you will not have a trial.  You will then have the opportunity to explain the situation and your circumstances to the Judge.  The Judge will then decide the penalty, if any.

b)  If you plea not guilty or not responsible, a court date will be scheduled for you.  The next court date may be a pre-trial or a trial.  You must attend all your court dates in person.

Pre-trial:  If the State has items such as police reports or witness statements, the court will schedule a pre-trial conference to allow you to examine those in advance of the trial date.  Bring your witness names and addresses with you to the pre-trial.  If you have questions about your case at the pre-trial, ask the Judge or consult with a defense attorney.  You will have an opportunity at the pre-trial to discuss your case with the State's attorney (prosecutor) but you have the right to refuse to talk to the prosecutor.  If you do not want to talk to the prosecutor, tell the Judge.

Trial:  You are responsible to prepare your witnesses and evidence prior to the trial.  If you want subpoenas issued, contact the court clerk thirty days prior to the trial.  Bring or subpoena all your exhibits and witnesses to the trial.  Trial dates are not postponed except for extraordinary reasons.  The Judge will listen to both sides at the trial.

If you are charged with a felony crime, the Judge will explain your rights to a preliminary hearing.