Criminal
The Superior Court has jurisdiction over misdemeanor and felony criminal charges. Misdemeanors are offenses generally punishable by fine and/or county jail term, and felonies are generally punishable by imprisonment in the State prison and/or fines, or even the death penalty. The Court conducts arraignments where accused individuals are informed of the specific charges against them and are advised of their rights. The Court holds preliminary hearings on felony charges to determine if there is sufficient evidence to require a defendant to stand trials.
Criminal General Information
What to Bring to Court
- ID: Driver’s license, Social Security card, or other form of picture ID.
- Case documents: Citation, appearance letter, jail release papers, or receipts (e.g., bail or bond).
- Proof of compliance: Papers showing you followed court orders or completed sentencing.
- Payment: Cash, check, or money order for fines or fees.
Important: Use your real name as it appears on your legal documents. If there is a mistake on your documents, tell the court.
Warning: If you don’t show up in court, a warrant may be issued for your arrest. This could lead to jail time or fines.
What Happens in a Misdemeanor Case?
- Arrest
- You might be arrested and taken to jail or given a citation with a court date.
- After arrest, one of these will happen:
- You’re released without charges.
- You post bail or are released on your own recognizance (a promise to return to court).
- You stay in custody and are brought to court for an arraignment.
- Arraignment and Plea
- You’re informed of the charges and your rights.
- You can hire a lawyer or request one if you can’t afford it.
- Bail is set, or you may be released on your own recognizance.
At this stage, you enter a plea:
- Not guilty: You deny the crime, and the case moves forward.
- Guilty: You admit to the crime.
- No contest: You don’t fight the charges, but this can’t be used against you in civil court.
If you plead guilty or no contest, the case is usually resolved right away.
- Pre-Trial (for Not Guilty Pleas)
- Lawyers share evidence (police reports, test results, etc.).
- Motions might be filed to dismiss or change the case.
- A hearing is held to try to settle the case before trial.
- If not settled, the case goes to trial.
What Happens in a Felony Case?
- Arrest
- You’re taken to jail or given a court date.
- If no charges are filed, you’re released.
- Arraignment
- You appear in court, are informed of your rights, and bail is set.
- If released on your own recognizance, you promise to return to court.
- Preliminary Hearing
- Witnesses testify.
- If there’s enough evidence, the case goes to trial. If not, you’re released.
- Pre-Trial (for Not Guilty Pleas)
- Lawyers share evidence.
- Motions might be filed to dismiss the case or exclude evidence.
- A hearing is held to try to settle the case.
- If not settled, the case goes to trial.
What Happens at Trial?
Jury Trial
- A jury is chosen and witnesses testify.
- The jury decides if you’re guilty or not guilty.
- Not guilty: You’re released and can’t be tried again for the same crime.
- Guilty: You’re sentenced, which may include jail, probation, or other penalties.
Court Trial (no jury)
- The judge hears the case and decides if you’re guilty or not guilty.
- Not guilty: You’re released.
- Guilty: You’re sentenced.
Appeals
- If found guilty, you can appeal the decision to a higher court.