what is a criminal court attorney

What is the basic of criminal court?

READ FIRST: In any criminal case other than most infractions, where the potential for jail or prison time exists, a defendant has the right to be represented by an attorney, even if the defendant cannot afford one. In criminal infraction cases, a defendant also has the right to a lawyer if he or she is arrested ...

What is the difference between civil and criminal cases?

A criminal case happens when the government files a case in court to punish someone (the defendant) for committing a crime. If the defendant is found guilty of a crime, he or she may face jail or prison. A civil case happens when one person, business, or agency sues another one because of a dispute between them, usually involving money.

What is an infraction in criminal law?

Types of Criminal Cases. An infraction is a minor violation. Many traffic violations are infractions. The punishment for infractions is usually a fine, and if the defendant pays the fine, there is no jail time.

How long can you go to jail for a felony?

Felonies. A felony is the most serious kind of crime. If found guilty, the defendant can be sent to jail or prison for a year or more , or even receive the death penalty for very serious crimes. Defendants convicted of felonies are usually sent to state prison for sentences of 16 months or more.

Why is a criminal proceeding so complicated?

For example, a conviction can result in deportation for noncitizens or prevent a legal resident alien from becoming a citizen.

What happens if you lose a civil case?

If someone loses a civil case, they may be ordered to pay the other side money or to give up property, but they will not go to jail just for losing the case. In a criminal case, the government must prove the defendant’s guilt “beyond a reasonable doubt.”.

What is the maximum sentence for a misdemeanor?

Misdemeanors. A misdemeanor is a crime with a maximum punishment of: o Either 6 months or 1 year in a county jail, and/or. o A $1,000 fine (for most misdemeanors). Examples of misdemeanors are: o Petty theft. o Vandalism.

What is a trial in criminal law?

Criminal cases include limited pretrial discovery proceedings, similar to those in civil cases, but with restrictions to protect the identity of government informants and to prevent intimidation of witnesses.

Who initiates a criminal case?

Criminal Cases. Only the government initiates a criminal case, usually through the U.S. attorney’s office, in coordination with a law enforcement agency. Allegations of criminal behavior should be brought to the local police, the FBI, or another appropriate law enforcement agency.

What is the purpose of a judge's initial appearance?

At an initial appearance, a judge who has reviewed arrest and post-arrest investigation reports, advises the defendant of the charges filed, considers whether the defendant should be held in jail until trial, and determines whether there is probable cause to believe that an offense has been committed and that the defendant has committed it. Defendants who are unable to afford counsel are advised of their right to a court-appointed attorney. Defendants released into the community before trial may be subject to electronic monitoring or drug testing, and required to make periodic reports to a pretrial services officer to ensure appearance at trial.

What is it called when a defendant pleads guilty?

If a defendant pleads guilty in return for the government agreeing to drop certain charges or to recommend a lenient sentence, the agreement often is called a “plea bargain.”. If the defendant pleads guilty, the judge may impose a sentence, but more commonly will schedule a later hearing to determine the sentence.

What happens if a felony pleads not guilty?

If the defendant pleads not guilty, the judge will schedule a trial.

What is sentencing in a case?

Sentencing. If the verdict is guilty, the judge determines the defendant’s sentence . During sentencing, the court may consider U. S. Sentencing Commission guidelines, evidence produced at trial, and also relevant information provided by the pretrial services officer, the U.S. attorney, and the defense attorney.

What is probation officer?

The court’s probation officers enforce conditions imposed by the court part of a criminal sentence. Supervision of offenders may involve services such as substance abuse testing and treatment programs, job counseling, and alternative detention options, such as home confinement or electronic monitoring.

Arraignment

Often, your first criminal court appearance will be your arraignment. This is where the judge reads the charges against you, and you enter a plea. Your lawyer or public defender may be with you, or you may have the chance to petition for a public defender.

The Trial Process

If you do not reach a plea agreement with the prosecution, the next step is a trial. Most jurisdictions offer similar rights for defendants going to trial:

The Verdict

Jury deliberation happens outside the courtroom, but once the jury reaches a verdict, everyone returns to the court to hear it. The jury may find a defendant guilty or not guilty of all the charges, or guilty of only some charges. Depending on the judge's orders, it may also find a defendant guilty of a lesser crime, rather than the one charged.

Sentencing

Once the court considers you guilty, either by your own plea or after a trial, you will have a sentencing hearing. What happens here depends on the sentencing guidelines in your jurisdiction and whether the judge is required to follow them.

What is the difference between civil and criminal courts?

There are several important differences between civil and criminal court. In general, civil courts are designed to resolve differences when private individuals or businesses can no longer reach an agreement on their own. Criminal courts are designed to determine whether a person has violated a criminal law ...

Why is a prosecutor a government employee?

In criminal cases, the prosecutor is a government employee. Because the prosecutor represents the public, prosecutors have an ethical obligation to uphold the public's interest in doing justice. For example, "in the interests of justice," a prosecutor may decide not to retry a case or to drop charges.

What happens if a drunk driver causes a car accident?

For example, if a drunk driver causes a car accident, the driver can be arrested for driving under the influence (DUI). If the prosecutor proves beyond a reasonable doubt that the driver was intoxicated, the driver can be sent to prison or jail or ordered to attend alcohol treatment or pay a fine.

Who is the plaintiff in a bicycle accident?

The cyclist is the plaintiff and the drunk driver is the defendant. The cyclist must prove by a preponderance of the evidence that the drunk driver's actions caused the injuries. If the cyclist succeeds, the driver may be ordered to pay the cyclist' s medical bills, lost wages, pain and suffering, and attorneys' fees.

Do civil cases require a private attorney?

In civil cases, private attorneys usually represent both parties. Unlike criminal defendants, parties to civil suits who cannot afford attorneys are not entitled to have attorneys provided for them in most cases. In some communities, legal aid attorneys represent people who cannot afford other representation.

Who decides whether to bring charges?

It is up to the prosecutor, not the victim, to decide whether to bring charges and, if so, what charges. The prosecutor must prove the charges beyond a reasonable doubt. In most cases, the defendant has the right to a jury trial, and the verdict must be unanimous.

Is the civil court separate from the criminal court?

In some countries, civil and criminal issues may be decided by one court, but in the United States, civil and criminal courts are completely separate. Different rules apply and, at least in larger cities, the attorneys and judges are different too.

What is the name of the lawyer that represents you in court?

law, if you have been accused of a crimethat may lead to jail time, the judge should assign a government-paid lawyer called a public defender or legal aid lawyer to represent you in court even if you do not have legal immigration status .

What is the difference between civil and criminal law?

After a person is arrested and charged with a crime, that person goes to a Criminal Court. Civil law refers to almost all other disputes —these are the rules that apply when one person sues another ...

How to get a public defender?

To get a public defenderor legal aid lawyer, you need to tell the judge that you cannot afford to hire a lawyer. Each court has different rules for how low your income must be to qualify for a public defenderor legal aid lawyer. The judge may ask you to fill out a form listing what you own and how much you earn.

What are the civil cases that the government handles?

Administrative or government agencies also have hearings to handle civil cases such as: the denial of public benefits such as welfare, Food Stamps and Medicaid. traffic violations. unemployment hearings and workers compensation.

Do you need a lawyer for a criminal case?

If you are a crime victim, you do not need a lawyer in criminal court. Only a lawyer for the government can file a case in criminal court. The lawyer for the government is called the prosecutor, district attorney, D.A., county attorney, or state attorney .

Honorable Julie McKay

Managing the felony criminal caseload from first appearance or arraignment through plea setting or trial assignment

Contact

The Criminal Court Coordinator is responsible for the management and scheduling of criminal cases. The Criminal Court Coordinator is also responsible for coordination of all in-custody transports to and from Superior Court Departments.

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You may view the Superior Court Calendar and case assignments by date and the daily court room assignments.