Court Process Guide

WHAT HAPPENS IN CRIMINAL COURT?

(A detailed guide on what to expect)

Subpoenas & Search and Seizures Important Info

What is a subpoena and how are they approved or denied?

A subpoena is a legal document used to request specific information that is held by either a business, or any government department, OR to request someone to attend court/provide a statement. If approved, the individual, business, or government department, must adhere to the request by law. Only certain information can be requested, and must be specific in what it asks for.

A subpoena is approved by a Judge or higher, and is typically used in Criminal cases. However, they are also used as a part of Civil cases.

A subpoena may be denied if it is not; relevant to the case, requested without valid explanation, outside the scope of what can be asked for, and many other reasons.

Do all subpoenas and Search and Seizures get approved?

No, they do not - LEO must demonstrate Probable Cause to gain approval.

Can I appeal the validity of a Search and Seizure?

Yes, you can request (via a lawyer) a Frank's hearing. This will allow the State and Defense to argue the validity of the Probably Cause presented in the Search and Seizure request. The Franks hearing can either uphold the Warrant or rule that it is invalid. If deemed invalid the information gained in the Warrant may not be used in any case unless new evidence comes to light. Any illegal items seized would not be returned.

Warrants

Do I have to be told if I have a Warrant?

No, an LEO is under no obligation to inform you if you have an Active Warrant or a Pending Warrant.

If I have a Warrant what happens?

You can either turn yourself in, and possibly receive a reduction in your sentence and fine (Not guaranteed), OR you may be arrested by a police officer at any time during any interaction.

If I disagree with the Warrant - can I challenge it?

Yes!

Firstly, you can hire a lawyer to look at the warrant and advise further on what you should do. If you are aware of the warrant prior to being arrested they can also look into it before you hand yourself in or are arrested.

Secondly, you can request (via a lawyer) a Frank's hearing. This will allow the State and Defense to argue the validity of the Probably Cause of the warrant. The Franks hearing can either uphold the Warrant or rule that it is invalid. If deemed invalid the charges can be dropped, and legal goods may be returned to you if you were arrested.

Post Arrest Rights

What are the different Plea's I can enter and what do they mean?

Guilty - I accept all guilt for the charge, including civil liability. You may be liable to being sued for the crimes you did.

Not Guilty - I do not accept guilt for this charge and wish to contest it in court. The State then has to file the docket, to take the case to court.

No Contest - I accept the guilt of the charge, but not the civil liability. You go to prison with the full time & fine, and have 30 days to set up a Civil case to contest the associated fine for the charges. You are not able to be sued for anything civil relating to the crimes you did.

I entered a Not Guilty Plea - what happens now?

Firstly, you are sentenced to jail for the full time of the charge/s, but are not fined.

Secondly, the police submit a pre-filing within 3 days of the incident and the State then has 7 days from the pre-filing being made to decide if they will pursue it in a docket, or to drop the charges.

Thirdly, if it goes to court, then you may be alerted and you should probably find a lawyer. If it is dropped, you may be reimbursed for the time you spent in jail in accordance with the District Attorney guidelines ($375 per month spent in prison & full fines)

I have been charged with a Capital Crime and placed on a HUT - what does this mean?

You will remain in jail until the date of your trial. HUT stands for Hold Until Trial.

It is worth noting that all time you spend in jail counts towards your sentencing. So if you were held for 5 days, and you were given a 10 "year" (day) sentence, you only need to serve 5 more "years" (days).

Am I entitled to a lawyer?

You are always able to request a lawyer, however it is possible that one is not available for you - either when in the cells or to be able to take your case. an LEO will reach out via the required channels and will allow 10-15mins for a response before moving forward with processing you

What if I don't enter a plea? Can I change my plea?

If you choose to not respond to Law Enforcement Officers you will by default be given a Not Guilty Plea and will then follow that process.

You can change your plea through your lawyer or via the docket itself. This is taken into account by the judge when sentencing and you MAY see a slight reduction in your time and fine.

Can I get a Plea Deal?

That is dependent on the District Attorney Office, you can discuss with them either with or without a lawyer, any deal must then be authorised by a judge - who reserves the right to say no.

Whats a Bench Trial and can I have one?

The simplest way to describe a Bench Trial is its like a regular court case - but on "speed". A bench trial can be requested for any criminal charge with the exception of Capital Cases and those of a significant violent nature. The key elements are:

A Judge / Justice must agree that the case is suitable for a Bench Trial

A State representative must be available - this can be any member of the District Attorneys Office

You can request a lawyer to defend you or you can self represent

The case must start within 30-40 minutes of it being requested - the idea is both sides have limited time to prepare

All evidence must be attached to a Court Docket and shared with the Defense

The Bench Trial will follow the same sequences as for a Court case - Charges, Confirmation of Plea, Opening Statements, Witness and Evidence, Closing Statements, Deliberation and Judgement

If the defendant is self representing the Judge/Justice will ensure that all steps are understood and answer questions as needed

What happens in Court

How long can it take for my Court case to be heard by a Judge or Justice?

This does vary, however, the Judiciary aim to handle all cases within a month period.

It should be noted that real life does get in the way sometimes, and may cause delays. This doesn't just include the Judiciary, but also the defense, witnesses, prosecution, or even you!

If I am held in Jail can I meet with my Lawyer in private?

Yes, the Department of Corrections will be their best to facilitate these discussions, it may not be possible if no one is on duty. You have the right to meet in privacy with your lawyer with no officers present

What are the different stages of the Court Process?

All court cases start off with the allocation period where the judge, prosecution, and defense announce themselves as representing their position.

Then Discovery begins. This is where the defense or prosecution may submit subpoenas, request pre-trial motions, or request the admittance of new evidence into the case.

Once Discovery ends, the case enters Scheduling where you MUST inform the court of your availability to attend your trial. If you don't, then your case may only be heard on the information available to the judge and it may not be in your favor!

Once a date is scheduled, you must attend court on the agreed time and date. DON'T BE LATE!

What are the different stages in the Court Case?

Your involvement in the Court Case starts from when you arrive at City Hall.

If you are incarcerated, you will be transported to City Hall by the department of corrections, you must ensure you are available a minimum of 30 minutes prior to your case starting. Upon transport you will be held in the holding cells at City Hall until the Judiciary has cleared that you are free to enter. During this period you may meet with your lawyer if you are being represented.

If you are on Bail or have served the time, you are required to arrive no later than 10 minutes prior to your case starting, you will be searched on entry to the Courtroom and escorted to the Defense Table.

Your Court Case starts from the moment the Judge/Justice enters the Courtroom and will always follow this sequence

The State and Defense will confirm representation and that the Defendant is present

The State will read out the charges being faced and the Defendant will confirm the plea (if you have entered a Not Guilty Plea you can change it at this time if you so wish - the hearing will then transition to a Sentencing Hearing)

The State and Defense will each give an opening statement - summarizing the key aspects of the case that they wish to be heard

The State will present evidence to the Court, introduce Witness and tell the narrative of the case. If any witness are used the Defense will have the opportunity to cross examine the witness (they may ask questions about what has already been stated)

When the State has shown all evidence, they will rest.

The Defense will present evidence to the Court, introduce Witness and tell the narrative of the case. If any witness are used the State will have the opportunity to cross examine the witness (they may ask questions about what has already been stated). The Defense may also choose to recall Witness already used to the stand.

When the Defense has shown all evidence, they will rest

The State and the Defense will each give a closing statement - summarizing the key aspects of what has been presented, this is the last opportunity for information to be highlighted to the Judge/Justice

The Judge/Justice will place the court in recess whilst they enter their chambers for deliberation - they will review all testimony and evidence and come to a verdict

The Judge/Justice will return to the courtroom and read out the verdict and present any sentencing if found Guilty

Why do we not have a Jury?

Simply due to logistics, a Jury member must be someone of good standing, with no criminal record and no relation to the defendant.. this presents a very small pool of citizens from which to choose up to 12 people. As such, it was decided not to have a Jury in cases.

Are all Court Cases open to the public?

No, the Court aims to make as many available to the public as possible, however they reserve the right to have closed cases when there is deemed to be a risk to the public or the details may impact an ongoing case.

Can I get Bail?

Depending on the charges, yes. However, bail is a privilege that is earned through respect and good reasoning.

The State has the right to contest your request for bail, however the ultimate decision is down to the signing individual.

Bail can be set and agreed by a member of the Judiciary, the District Attorney, or A senior LEO supervisor, in that order.

Bail may not always be granted for Capital Crimes, however only a Supreme Court Justice can approve bail for these cases.

What is a Sentencing Hearing?

If you have been charged with a Capital Crime that is a Hold Until Trial and have entered a Guilty Plea - your sentencing is ruled on by a Justice. You would be brought before the Court and the following will happen:

You will be brought to the City Hall by the Department of Corrections

You will have your charges read to you by a member of the District Attorneys Office

You will have the opportunity to confirm your GUILTY plea - you can also choose to change your plea to NOT GUILTY in which case you will be returned to prison to await a new court date

The State will present the evidence to the court, including any statement or witness testimony as a summary of the case

The Defense will present any evidence or statements to the court to mitigate any sentence - you have the opportunity to speak for yourself should you wish

Both the State and Defense will provide a recommendation for the sentence

The Justice will retire to chambers to decide on a time and fine - based on what has been put forward

The sentence will be read out in court - depending on the time etc you may return to prison or you may be free to go

Court Rulings

I was found Guilty (Non Capital) - What happens now?

You are found guilty of the relevant charges.

You will receive the fines associated to each charge direct to your state debt.

You will receive a reduction in fine, and possible restitution of time served, for any crimes you are found not guilty of. The judge sets the restitution amount, so I hope you were behaving!

I was found Guilty (Capital) - What happens now?

As with non capital cases, you will receive the total fine for the associated charges you were found guilty of. You will then be sentenced to either the time of the charge OR a time set by the presiding judge. This is non-negotiable.

Any time served is factored in, and is removed from your total time.\

I was found NOT Guilty - What happens now?

You're free!

You will receive any legal belongs that were taken from you, back from LEOs.

You MAY receive restitution for time served, at the discretion and fee set by the presiding judge.

You will have the associated charges removed from your criminal profile, however the case shall remain associated to you for archive purposes. It will also have the verdict and amount provided in restitution. These cases are typically dismissed with Prejudice, but not always.

What's the difference between a case dismissed with Prejudice, and Without Prejudice?

Hooray! You were found not guilty! Now your case will be dismissed either with or without Prejudice.

This essentially means that, with Prejudice, the case you just won can not be held against you in any way in further court proceedings, including Civil cases.

Without Prejudice means that this case can still come back up if sufficient evidence comes up, in either a Criminal or Civil setting. So be aware that if you admit to someone that you did it, that can be taken as a statement and re-open the case against you!

Can I appeal my verdict?

Yes! Providing the appeal is made if you feel there has been a Judicial error.

A Judicial error is classified as an error made by a judge regarding the acceptance of evidence into court, Judicial bias, or misenturpriation of the law.

If you feel you have can appeal, you may request an appeal either as a self representation, or via a private lawyer.

Appeals aren't always accepted, and you need a good basis for your appeal to be taken to docket. But once it's on, you are able to contest elements of your case such as warrants, evidence, or even your charges, in an attempt to reduce or remove them entirely.

The process is mostly the same as any other case, however there may not be a need to go to trial should you provide a good enough statement for your appeal, supported by good evidence.

The State is also involved in the appeals process and may attempt to settle or defend against your claims.

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