Straight Talkon the

Anatomy of a Criminal Case

3 Types of Criminal Cases

Civil Infraction

Lowest Severity

City ordinances

Traffic violations

No possibility of jail/prison

No right to an attorney

District Court

Misdemeanor

Moderate Severity

State Statutory Crimes

Max Sentence: Up to 1 year in local jail

Constitutional right to an attorney

District Court

Felony

High Severity

State/Federal Statutory Crimes

Max Sentence: > 1 year in state prison

Constitutional right to an attorney

Circuit Court

3 Stories

Civil Infraction Misdemeanor Felony

AnnaSpeeding

BrianAssault & Battery

CarlDrug Charges

AnnaCivil Infraction: Speeding

Traffic Stop:

“Do you know why I pulled you over?” = Confession

“Can I search your vehicle?” = Consent

2-3 Court Hearings

Arraignment:

Plead Responsible + Pay Fines & Costs OR

Plead Not Responsible & have a hearing

Pretrial (some courts):

Possible reduced charge Formal Hearing:

Preponderance of Evidence Standard

Civil Infraction Penalties

Fines & Costs Often $100-500

Points on License Insurance

Consequences

Basic Driver Improvement Course Costs no more than $100.00 Prevents points on your license One-time only program

Basic Driver Improvement Course Costs no more than $100.00 Prevents points on your license One-time only program

BrianMisdemeanor: Assault & Battery

Investigation may lead to arrest

3-5 Court Hearings

Arraignment

Plead as charged OR

Enter Not Guilty Plea

Bond may be set

Pretrial

Plead to Reduced Charge OR

Set for Trial

Police Investigation Remain Silent Ask for

Attorney

Police Investigation Remain Silent Ask for

Attorney

BrianMisdemeanor: Assault & Battery

Status Conference (some

courts) Last chance to make a

plea Trial

Beyond a Reasonable Doubt

Sentencing Sometimes

Immediately after Trial

Come to Court

On Time, Every Time

Dressed Professionally

Come to Court

On Time, Every Time

Dressed Professionally

Defenses & Alternatives

Failure to Prove Guilt

Elements of the crime are not met

Behavior was not illegal OR

Defendant did not do the illegal behavior

= Not Guilty

Affirmative Defense

Legally recognized defense

Justification for otherwise illegal behavior

Asserted at trial (before the jury)

= Not Guilty

Alternative Pleas

Delayed Sentence

Holmes Youthful Trainee Act

Sentencing Plea

Work Release/Tether

Misdemeanor Penalties

Jail Time (up to 1 year)

Different crimes = Different maximum sentences

Probation

Counseling

Drug screening

Fines & Costs

Often up to $1,000

Restitution to victim

License Restrictions

Possible Immigration Consequences

CarlFelony: Possession of Narcotics

5-8 Court Hearings Usually begins with arrest Bond usually required

Bond restrictions

District Court Arraignment – Bond is set Pre-Exam Conference – Demands for Discovery are made Preliminary Examination

Evidentiary Hearing Probable Cause standard

Carl:Felony: Possession of Narcotics

Circuit Court Arraignment

Often waived

Pretrial

Plead to Reduced Charge OR

Set for Trial

Status Conference

Last chance for plea

Attorneys make last preparations

Trial

Beyond a Reasonable Doubt

Pre-Sentence Investigation Report

By Probation Office

Sentencing

Always on separate day

Felony Sentencing

Sentencing Guidelines

Deviation requirements

Maximum Sentence > 1 year in prison

Probation

Counseling

Drug screening

Fines & Costs

Often over $1,000

Restitution to victim

License Restrictions

Immigration Consequences

Talking to the Judge Answer questions

aloud (yes or no) Don't lose your temper

or argue

Talking to the Judge Answer questions

aloud (yes or no) Don't lose your temper

or argue

Questions?