At hearings, the court relies on written declarations and your arguments . Hearings can determine temporary, agreed, or some procedural matters. The trial is where you give evidence and arguments for the judge to use in making a final decision.
What happens at the end of a hearing?
Closing statements are your chance to sum up the evidence and ask the judge again for a specific decision . The judge will make a decision after hearing both sides and considering the evidence. The judge may make the decision right away or may take a recess to give the decision.
What happens at the first hearing?
The very first hearing is an arraignment . You will appear before a judge who will state, to you and the open court, the nature of your charges or indictment. Thereafter, you will have an opportunity to make your plea.
How long does a hearing last?
A typical preliminary hearing may take from a half-hour to two hours , while some only last a few minutes. Trials can last hours, days, or weeks. No jury. A judge (not a jury) will conduct a preliminary hearing.
Does an arraignment mean your going to jail?
At arraignments, people are taken into custody for 3 reasons: A Judge Orders Bail . ... In most cases, as we have our clients prearrange and qualify for bail, posting bail takes about 2-4 hours to post and then however long it takes the local jail to process you and release you.
What happens if you plead not guilty at an arraignment?
3) During an arraignment, the prosecution may decide if they are going to try your case or not. If you plead guilty during the arraignment then you are sentenced and there is no need for a trial, but if you plead not guilty, further hearings to allow preparation for trial will be set .
Who decides if a case goes to trial?
Trials in criminal and civil cases are generally conducted the same way. After all the evidence has been presented and the judge has explained the law related to the case to a jury, the jurors decide the facts in the case and render a verdict. If there is no jury, the judge makes a decision on the case.
What happens if you go to trial and lose?
The jury (or the judge, in a bench trial ) can find you NOT GUILTY, GUILTY or the jury can be hung meaning that they cannot reach a verdict. A judge in a jury trial or bench trial , under certain circumstances, can rule that the prosecutor has not met the burden of proof and dismiss the case on the spot.
How do you prepare for a hearing?
- Do be on time. ...
- Do give proper notice when filing a document with the court. ...
- Do prepare a notebook or file, keep everything related to your case organized. ...
- Do bring extra copies of all important documents so that you can give them to the judge and the other side.
What’s the difference between a hearing and a trial?
At hearings, the court relies on written declarations and your arguments. Hearings can determine temporary, agreed , or some procedural matters. The trial is where you give evidence and arguments for the judge to use in making a final decision.
What can I expect at a sentencing hearing?
At the sentencing hearing, the guilt of the defendant is not at issue . It has already been established and the sole focus is on the level of punishment that should be imposed upon the defendant. The defense and the prosecution will both present arguments as to why the sentence should be increased or reduced.
What can I expect at a preliminary hearing?
A preliminary hearing is similar to a trial, but usually much shorter. The Crown prosecutor will call witnesses and present evidence against the accused . ... It is the Crown prosecutor’s job to try to show the judge that there is enough evidence to proceed with a trial.
Who is present at an arraignment?
During an arraignment, no juries are present . In the courtroom, one judge, the prosecutor, the defense counsel, and the defendant are present along with potential dozens of other defendants, their counsel, and other members of the public.
Can charges be dropped at an arraignment hearing?
Although it is rare , it is possible for charges to be dropped at an arraignment. This may happen through a probable cause hearing, which typically occur during an arraignment.
Do I need a lawyer for arraignment?
An arraignment is the first time that you appear before a judge and enter the plea of guilty or not guilty of the crime for which you have been charged. This arraignment normally happens shortly after your arrest. While you are free to ask a lawyer to attend your arraignment, the presence of a lawyer is not necessary.
Why plead not guilty if you are guilty?
By pleading not guilty, the criminal defendant buys time . ... The criminal defense lawyer may explain the defendant’s rights. He or she may be able to work on motions to keep damaging evidence from being entered and to show that the prosecution does not have sufficient evidence to establish the defendant’s guilt.
