Transcript Criminal Case Presentation

Straight Talk
on the
Anatomy of a Criminal Case
3 Types of Criminal Cases

Civil Infraction


Misdemeanor
Lowest
Severity


City
ordinances


Traffic
violations

No possibility
of jail/prison

No right to an
attorney

District Court



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
Anna
Speeding

Misdemeanor
Brian
Assault & Battery

Felony
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 $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
Brian
Misdemeanor: Assault & Battery

Police Investigation



Remain Silent
Ask for
Attorney
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
Brian
Misdemeanor: Assault & Battery

Come to Court



On Time, Every
Time
Status Conference
(some courts)

Dressed
Professionally

Trial


Last chance to make a
plea
Beyond a Reasonable
Doubt
Sentencing

Sometimes
Immediately after
Trial
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
Questions?