Criminal Cases in Court

Criminal Cases in Court-The Process.

The court legal system can be very intimidating and even scary if you are not familiar with how the court system conducts business.  

The criminal court process may begin within a few days or many months after the date of arrest.  

The criminal court for your case begins when:

  • The arresting officer provides you with a court date and time 
  • A notice of hearing mailed to you from the court.

Arraignment

 An arraignment is the first hearing.  The reason for an arraignment is for you to understand what you are being charged with. The arraignment is where you would enter your plea of “not guilty”.    

A Private Attorney can enter your plea and waive your appearance for the arraignment if you are charged with a misdemeanor.

However a waiver of arraignment is not allowed and you are required to attend the hearing if you are charged with:

  • DUI 
  • Physical Control
  • Domestic Violence.

When the plea is entered the judge will determine if you can be released .

The judge will consider:

  • Your criminal history.
  • Flight risk.
  • Your alleged breath alcohol level at the time of arrest if charged with DUI.
  • If you have made an effort to show the court that you are not a danger to the community. 
  • If you have failed to appear for other cases.

The judge may impose conditions of release or have bail set for your release.  

If you are being charged with a DUI the judge might release you with conditions that may include:  

  • Electronic home monitoring (EHM), 
  • Restrictions on consumption of alcohol, 
  • Installation of an ignition interlock device (IIL) 
  • Alcohol monitoring ankle bracelet also known as a SCRAM bracelet. 

If you are being charged with a Domestic Violence crime the judge may impose:

  • A no contact order  
  • No possession of firearms.  

Pre-Trial Hearing or Readiness Hearing

The  Pre-Trial or readiness hearing is where the prosecution and the defense inform the court of their progress, negotiations, or if the case is ready for trial.  

Your case may be continued for additional readiness hearings based on:

courtroom availability,

additional evidence discovery,

continued negotiation, or

witness availability issues.  

Resolutions are possible at readiness hearings, depending on the negotiation with the prosecutor.

Motion Hearings   

Motion hearings are an opportunity for Legal motions to be presented. These motions may be to prevent your case from going to trial or relate to other needs.

Trial

If a resolution is not reached between the prosecutor and your attorney, then your case will be set for trial.  

You may choose between a bench trial or a jury trial.  

A bench trial allows the judge to be the sole person deciding if you are guilty or not guilty of the charges.  

A jury trial will consist of 6 people (if charged with a misdemeanor or gross misdemeanor) or 12 people (if charged with a felony).  

These people are randomly selected from the community, and will make the decision if you are guilty or not guilty of the charges.  

Sentencing

Sentencing is addressed after a finding of guilt has been decided for your case.  

Your attorney negotiates with the prosecutor regarding a sentence recommendation 

Often times both parties will have reached an agreed sentence recommendation that the prosecutor will present to the judge.

The judge has the authority to impose the sentence that he or she believes is appropriate for the crime.

This sentence may include fines, jail, restitution, evaluation, treatment, probation or other steps.

There are many ways an experienced attorney can fight for you.

Kylin Landry
Kylin Landry
2021-10-04
Gotten many tickets dropped or the charge reduced to a non moving violation. Yes it would be great if they all could be dropped but at the end of the day my insurance is still affordable. Anyone leaving bad reviews about the Merrill's not getting a charge totally dismissed did not listen or read well enough when entering the contact as they make it very clear that both are a possibility.
Doza m
Doza m
2021-09-23
Took care of it just like Rick said he would. Will definitely use him again in the future if needed.
Bri Adams
Bri Adams
2021-09-15
Rick Merrill was very responsive and easy to work with, handled my case perfectly and got me the result I was after. Definitely recommend him for any of your needs.
Roman Empire
Roman Empire
2021-09-15
Kind and professional people. Will definitely be coming back!
Abraham Tewldeberham
Abraham Tewldeberham
2021-09-12
I want to start off by saying they have helped my family out tremendously. Their professionalism, efficiency and outstanding communication skills made our case a whole lot easier to understand and deal with.
Sylvia Magnusson
Sylvia Magnusson
2021-09-09
Very Nice team to work with. Professional and compassionate. Will definitely recommend to anyone in need.

Call us now

To ask additional questions or to hire an experienced attorney who has deep connections with the local legal system.

(425) 259 4972

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