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Felony & Misdemeanor Case Overview

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Felony & Misdemeanor Case Overview Opening Statements When a verdict is reached, the bailiff notifies court personnel to return to the courtroom. A How to Testify Once the jury is seated the prosecutor and the jury verdict document is given to the judge and Be Truthful defense attorney will present opening statements then read allowed by the court clerk. The jury outlining the case and what they intend to prove. returns a verdict of guilty, not guilty, or they are Just tell the facts as you know them, simply Statements are generally less than an hour in unable to reach a verdict (called a hung jury). and concisely. Don’t guess or speculate about length. an answer, even if you think you should know the answer. If you don’t understand Witnesses Sentencing the question, ask that it be explained. Prosecution witness will testify first and are then At the sentencing the judge considers the “cross-examined” by the defense. The prosecutor recommendations in the pre-sentence Answer Only the Questions Asked may then “rebutt” any issues raised by the report, oral and written impact statements defense. Following testimony, most witnesses are from victims, statements on behalf of the The prosecutor will guide you through a excused and can then attend the trial if they wish. defendant, arguments by the attorneys, sequence of questions, many of which can and legal requirements for fixed sentences. simply be answered “yes” or “no.” Do not try to Sometimes, witnesses are “subject to recall,” say everything at once or volunteer information. in which case they need to remain available, In addition to any jail term, the judge may order avoid exposure to other’s testimony and are the defendant to reimburse the victim for financial Remain Calm and Courteous not allowed to remain in the courtroom. losses (restitution), pay fees for probation and Slow down and think before you respond. rehabilitation services, and pay a fine to the Being courteous makes a good impression Defense witnesses testify next and are cross- California Victims of Crime Compensation on the court and jury. Wait until a question is examined by the prosecution. Defendants Board to help other victims. The defendant finished before answering. Don’t try to outwit generally do not testify on their own may be remanded to jail immediately or given the questions or lose your temper because it behalf, as they are presumed innocent a surrender date, depending on various factors. may diminish the impact of your testimony. and it is the prosecution’s responsibility to Felony & Misdemeanor prove otherwise. Court Calendar Information Case Overview Closing Arguments Limited court calendar information is available The prosecution gives a closing argument, online: explaining to the jury how the evidence Nevada County presented supports the charges. This is followed www.nccourts.net by the defense attorney with the defense Victim Witness Assistance Center viewpoint. In conclusion, the prosecutor gives Select the “Online Services” tab at the top of the 201 Commercial Street a final argument. Closing arguments are not page, then “Case Information,” finally select the Nevada City, CA 95959 evidence, and cannot be considered by the jury. green “access now” button. (530) 265-1301 Verdict More detailed case status information may Following the trial, the jury is given instruction be available by calling the Victim Witness 10075 Levon Avenue, Suite 101 by the judge explaining legal matters pertinent Assistance Center. to determining a verdict. The jury then retires to Truckee, CA 96161 deliberate and seek a unanimous conclusion. If (530) 582-7832 the verdict is reached, it must be unanimous by This publication was financially assisted by the California all twelve jurors. If it is a court trial, the judge will Governor’s Office of Emergency Services (Cal OES). retire to chambers to consider his or her decision. [email protected] C R Arrest Once counsel is retained, the defendant may enter Pre-Trial Conference (PT) A a plea of guilty, not guilty or nolo contendere (“no After the crime occurs, a law enforcement officer contest,” meaning the defendant is not going to There may be several pre-trial conferences is responsible for apprehending, arresting and “contest” the charges). In terms of sentencing, a and motions in which the judge, attorneys and A booking or citing the suspect. The accused defendant make decisions regarding “nolo” plea is treated the same as a guilty plea. may be held in custody or released. The officer bail reduction, evidence discovery and provides the District Attorney with a Declaration admissibility, trial schedules, and plea bargains. D D Felony Conference (FC) P A in Support of Complaint and the crime report. In misdemeanor cases, if a plea bargain is There may be several felony conferences reached, sentencing may occur immediately, wherein the judge, attorneys and defendant therefore, it important that victims who so F Felony C make decisions regarding bail reduction, desire prepare Victim Impact Statements in A Felony is a crime punishable by one or evidence discovery and admissibility, and plea advance so there are part of the court’s record. more of the following: state prison term; fine; bargains. If an acceptable plea bargain is reached, F C M restitution; county jail; probation; or death. sentencing may be deferred to a later date. C C Trial Readiness Conference (TRC) Misdemeanor Preliminary Hearing (PX) To confirm that both defense and prosecution are A A ready for trial, and discuss any pending issues. A misdemeanor is a crime that is punishable In felony cases, there is a preliminary hearing by one or more of the following: up to one where witnesses testify before the judge who F year in the county jail; fine; probation; determines if there is sufficient evidence to C P T Jury Trial (JT)/ Court Trial (CT) C conditions addressing restitution; education/ support the charges and proceed to Superior If no plea agreement is reached at a pre-trial counseling for anger management, court. It is a “mini-trial,” with the same conference, the defendant has a choice of P substance abuse, or community service. structure as a jury trial, but the burden of proof H T trial by judge (“court trial”) or jury. Trials are R is lower. The prosecutor needs to prove that C open to the public, but witnesses are excluded it is more likely than not the crime occurred “H Filing Complaint form the proceedings until their testimony A ” and was committed by the named defendant. The District Attorney reviews case facts and is concluded and the judge excuses them. P, T J J makes a decision as to which charges to file If this is proven, the defendant is “Held to Answer” P T in a document called a “complaint.” If the Trial days generally begin at 9am and C and the case moves to the Superior Court level. evidence is insufficient to prosecute, the DA concluded at 5pm with breaks mid- V may decide not to prosecute or to have law morning, at lunch, and mid-afternoon. T The Preliminary hearing may be closed to the R enforcement investigators pursue further C public if the defendant so requests, but witnesses S evidence. Complaints are assigned a case number. may have an advocate or support person with ( ) Jury Selection them during their testimony. Victims do not P, T J J always have to testify at a Preliminary Hearing. If the defense requests a jury trial, the defense and Arraignment/Plea (APR/PL) prosecution select twelve people plus alternates An arraignment is the first court appearance of a Superior Court Arraignment/Plea on the first day of trial. This can take hours or V defendant and is rarely attended by victims. The days, depending on the seriousness of the charges. purpose is to officially inform the defendant of If the defendant is held to answer, he or she the charges filed. If the defendant appears with is arraigned on charges in a document called P-S “Information.” The defendant again enters a R an attorney, he or she may also enter a plea at ( ) the time. If the defendant cannot afford a private plea, this time before the Superior Court judge. attorney, a Public Defender will be appointed to provide legal representation at reduced hourly S rates based on the defendant’s ability to pay. .
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