Straight Talk on 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 Anna Speeding Brian Assault & Battery Carl Drug Charges

Anna Civil 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 $ Points on License Insurance Consequences Basic Driver Improvement Course Costs no more than $ Prevents points on your license One-time only program Basic Driver Improvement Course Costs no more than $ Prevents points on your license One-time only program

Brian Misdemeanor: 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

Brian Misdemeanor: 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

Carl Felony: 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?