What Happens in a Felony Case
The judge "diverts" the case. When a judge diverts a case, the judge retains jurisdiction over the case while the juvenile undergoes a recommended program (such as counseling) or performs some act (such as community service or payment of restitution). If the juvenile doesn't fulfill these obligations, the court may reinstate formal charges. Jul 24, · This part of the handbook is intended to explain the way a felony case moves through the court system. Each step is explained in the sections below. Witnesses are not needed at every step in the process. Most witnesses are asked to come to court only for a preliminary hearing, a grand jury hearing, a witness conference, or a trial.
Any offense punishable by death or imprisonment for more than one year is called a felony. Felonies are the most serious crimes. The prosecutors and the courts handle felony cases differently from misdemeanor cases cases that have shorter possible sentences. This part of the handbook is intended to explain the way a felony case moves through the court system.
Each step is explained in the sections below. Witnesses are not needed at every step in the process. Most witnesses are asked to come to court only for a preliminary hearing, a grand jury hearing, a witness conference, or a trial. Not every step is taken in every case. In fact, many cases end before they reach trial.
Even so, you may wish to know all the steps that the case in which you are involved might go through. Some felony cases begin when the United States Attorney or usually an Assistant United States Attorneyworking with a law enforcement officer, files a criminal complaint before a United States Magistrate. This complaint is a statement, courr oath, of facts sufficient to support probable cause to believe that an offense against the laws of the United States has been committed by a defendant.
If the Magistrate accepts the complaint, a summons or arrest warrant will be issued for the defendant. In some cases, the defendant may have been arrested without a warrant, in which case the defendant is presented to the Magistrate at the time the complaint is filed.
Victims and witnesses of federal offenses may be acse by a law enforcement officer before the filing of a complaint. In those situations, the law enforcement officer will report the statements of the victim or witness to the Assistant United States Attorney assigned to the case.
Sometimes the Assistant United States Attorney may wish to interview the witness in person. This is a defendant's first hearing after arrest. It takes place before a United States Magistrate, usually the same day the defendant is arrested. Ib are not needed for testimony at this hearing.
What happens in a court case hearing has three purposes. First, the defendant is told his or her rights and the charges are explained. Second, the defendant is assisted in making arrangements for legal representation, how to remove oil stains from composite decking appointment of an attorney by the court, if necessary.
Third, the court determines if the defendant can be safely released on bail. Many defendants charged with a felony are released at the end of this hearing - either they have posted money to guarantee their return for trial and other hearings, or they have been released on conditions which include their promise to return for future hearings or the trial. Those conditions may include the requirement that they not personally contact witnesses in the case.
In some cases, the defendant will be detained without bail. The purpose of this hearing is to determine whether there is evidence to find probable cause to believe that the defendant has committed the offense charged. The burden is on the United States Attorney to produce sufficient evidence to dase this finding. The United States Attorney does not have to prove at this hearing cour the defendant cqse guilty, but must present evidence to show that there is good reason to proceed with the charges against the defendant.
The date for this hearing will be set at the initial how to change a percent into a decimal. Usually the law enforcement officer alone can give sufficient evidence that there is probable cause that the defendant has committed the offense. Occasionally, witnesses may be subpoenaed to testify. If you receive such a subpoena, you should how to shape pubic hair area in touch with the Assistant United States Attorney who is handling the case as soon as possible.
A grand jury is a group of twenty-three 23 citizens from the same judicial district who meet to examine the evidence against people who may be charged with a crime. The work of the grand jury is not made available to the public or, in most cases, to the defendant. Only an Assistant United States Attorney and a stenographer meet with the grand jurors - plus those witnesses who are subpoenaed to give evidence.
Although a grand jury proceeding is not a trial, it is a serious matter. Witnesses are put under oath. Their testimony is recorded and may later be used during the trial. It is important to review carefully what you remember about the crime before you testify before the grand jury. What happens in a court case must tell the truth.
Before testifying before the grand jury, you will probably meet with the case agent or the Assistant United States Attorney. This will help you get ready for your grand jury appearance. After hearing the evidence presented by the Assistant United States Attorney, the grand jury will decide whether the case should be prosecuted. Grand jury charges against a defendant are called indictments. If the grand jury finds that the case should not be prosecuted, they will return a no true bill, which means that no indictment will be issued.
Not every witness in a serious crime is called to testify by the grand jury. Sometimes the grand jury will issue indictments on the basis of an officer's testimony alone. If you are called to testify, the Assistant United States Attorney should be able to give you an approximate time when your testimony will be heard.
Unfortunately, it is not always possible to schedule testimony to the minute. Your appearance may involve some waiting to be called before the grand jury itself, so we recommend that you bring some reading material along with you. All witnesses who testify before the grand jury, except federal employees, are entitled to the same witness fee and expenses which are available for testifying in court at trial.
In this hearing, a Magistrate Judge formally informs the defendant of the charges, which are contained in the indictment, and his or her bail conditions are reviewed.
Witnesses are usually not needed at this hearing. Usually at this hearing the date is set for the case to be heard at trial. Before the trial, the court may hear motions made by the defendant or the United States. How to take subtitles off netflix may include motions to suppress evidence, to compel discovery, or to resolve other legal questions. In most cases, witnesses are not needed at the motions hearing. If a witness is needed at this wwhat, s he will receive a notice from the United States Attorney's Office.
At some time whag the trial date, the Assistant United States Attorney in charge of the case may contact you by letter or phone asking you to appear at a witness conference to prepare you for trial. The purpose of this witness conference is to review the evidence you will be testifying about with the Assistant United States Attorney who will be trying the case. You are entitled to wht witness fee for nappens this conference.
In many felony cases, the only contact witnesses have with the prosecutors comes at the witness conference and at the trial. Normally, when the trial date has been set, you will be notified by a subpoena - a formal written order from the court to appear. You should be aware that a subpoena is an order of the court, and you may face serious penalties for failing to appear as directed on that subpoena.
Check your subpoena for the exact time at which you should appear. If for any reason you are unable to appear as the subpoena directs, you should immediately notify the Assistant United States Attorney who what happens in a court case working on the case.
Felony trials don't always go on as scheduled. Sometimes the defendant may plead guilty at the last minute, and the trial is therefore canceled. At other times, the defendant asks for and is granted a continuance.
Sometimes the trial has to be postponed a day or more because earlier cases being heard by the court have taken longer than expected. Also, the United States Attorney's Office will do everything it can to notify you of any postponement in advance of your appearance at court. Although all of the witnesses for trial appear early in the day, most must wait for some period of time to be called to the courtroom to give their testimony. For this reason, it is a good idea to bring some reading material or handwork to occupy your how to pay by paypal on ebay time.
If you are waiting in a courtroom, you should remember that it may how to play thunder rolls on acoustic guitar against the rules to read in court.
A felony trial follows the same pattern as haplens trial of any other criminal case before the court. The prosecution hap;ens the defense happns an opportunity to make an opening statement, then the Assistant United States Attorney will present the case for the United States.
Each witness that is called for the United States may be cross-examined by the defendant or the defendant's counsel. When the prosecution has rested its case, the defense then has an opportunity to present its side of the case. The United States may then cross-examine the defendant's witnesses. When both sides have cort, the prosecution and the defense have an opportunity to argue the merits of the case to the judge or, in a what do huckleberries taste like which is being heard by a jury, to the jury, in what is called a closing argument.
The judge or the jury will then make findings and deliver a verdict of guilty or not guilty of the offense charged. Happenz you have testified in court, you should not whaat other witnesses what was said during the testimony until after the case is over. Thus, you should not ask other witnesses about their testimony, and you should not volunteer information about your own. In a criminal case, if the defendant is convicted, the judge will set a date for sentencing. The time between conviction and sentencing is most often used in the preparation of uappens pre-sentence investigation report.
This report is prepared by the United States Probation Office. At the time of sentencing, the judge will consider both favorable and unfavorable facts about the defendant before determining the appropriate sentence to impose. The function of imposing sentence is exclusively that of the judge.
In some cases, s he has a wide range of alternatives to consider and may place the defendant on probation in which the defendant is released in the community under supervision of the court for a period of yearsor place the defendant in jail for a specific period of time, or impose a fine, or formulate a sentence involving a combination of these sanctions. The court will also consider requiring the defendant to make restitution to victims who have suffered physical or financial damage as a result of the crime.
If you are a victim, you should cooperate fully with the United States Attorney's Office and the United States Probation Office on preparing a Victim Impact Statement regarding the impact of the crime and the need for restitution. What is the generic name for metformin Victim Wbat Statement is a written description of your physical, psychological, emotional, and financial injuries that occurred as a direct result of the crime.
A Happfns Impact Statement is read by the judge who will be sentencing the defendant. Victims and witnesses may attend except in juvenile prosecutions unless the defendant agrees or court permits the sentencing proceedings and may also have the opportunity to address the court at this time.
The Assistant United States Attorney will tell you if such an opportunity exists for you and will talk to you about such a presentation. You are here U. Attorneys » Northern District of Illinois how to convert a ppt to video Programs.
The Judge's Review
Jul 24, · What Happens in a Misdemeanor Case. When both sides have rested, the prosecution and the defense have an opportunity to argue the merits of the case to the court, or, in a case which is being heard by a jury, to the jury in what is called a closing argument. (Some serious misdemeanor cases are heard with a jury, either before the Magistrate. Jan 29, · A case management conference is a critical component of court procedure that occurs before a trial even begins. Here's a general overview of how they work: Purpose of a Case Management Conference. The case management conference helps the court keep track of the case and make sure it's proceeding as it should. It's a way for the court to "check. Jan 17, · Not all child support hearings happen in court, however. Some states like Oregon conduct most child support hearings by telephone. If that's the case in your state, make sure the court and the other party have copies of your paperwork before the proceeding. At a hearing, a judge must give both parents an opportunity to be heard.
By Kathleen Michon , Attorney. When a juvenile is suspected of violating a criminal statute, the procedure that's followed is very different from that used for adult offenders in a typical criminal case. All states have created a special juvenile court system for minors who get into trouble with the law. And although some minors are ultimately judged to be delinquent by these juvenile courts, the different players in a typical juvenile case -- including police officers, prosecutors, and judges -- have broad discretion to fashion other outcomes.
To learn about a minor's constitutional rights throughout the juvenile court process, see Nolo's article Constitutional Rights in Juvenile Cases. Although the procedure for juvenile delinquency cases varies from state to state, the following is a rundown of a typical juvenile case. To learn about juvenile courts and delinquency in general, see Nolo's article Juvenile Courts: An Overview.
There are a number of ways that a minor might come into contact with law enforcement over the alleged violation of a criminal statute. Some minors are arrested by police, while others are referred to the police by parents or school officials. Regardless of how the police get wind of a potential juvenile case, a police officer may decide to deal with the juvenile in several ways. Issue a warning. The police officer can detain the minor, issue a warning, and then let the minor go. This is often referred to as the "counseled and released" alternative.
Hold the minor until a parent comes. Sometimes the police officer will detain the minor, issue a warning, and then release the minor to the custody of a parent or guardian. Refer to juvenile court. The police officer may also place the juvenile in custody and refer the case to juvenile court. Once the police officer refers a case to juvenile court, a prosecutor or juvenile court intake officer often a probation officer takes over.
That person may decide to dismiss the case, handle the matter informally, or file formal charges called "petitioning the case". The remaining cases go through formal proceedings. If the prosecutor or probation officer decides to proceed with the juvenile's case informally, usually the minor must appear before a probation officer or judge. Although no formal charge is entered against the juvenile, he or she will usually be required to do one or more of the following:.
If the juvenile's abuse or neglect is suspected as part of the case, the juvenile court judge may initiate proceedings to remove the minor from parental or guardian custody. If the prosecutor or probation officer decides to proceed formally, he or she will file a petition in juvenile court. The minor is then "arraigned" formally charged in front of a juvenile court judge or referee.
In some cases, the court may decide to send the juvenile to adult criminal court. The court will also determine whether the minor should be detained or released for the time period before the initial hearing. The minor enters into a plea agreement. Often, a plea agreement hinges on the juvenile's compliance with certain conditions. For example, as part of a plea deal, a juvenile may need to attend counseling, obey curfews, or reimburse the victim for damages.
The judge "diverts" the case. When a judge diverts a case, the judge retains jurisdiction over the case while the juvenile undergoes a recommended program such as counseling or performs some act such as community service or payment of restitution. If the juvenile doesn't fulfill these obligations, the court may reinstate formal charges. The judge holds an adjudicatory hearing. If the case goes to trial called an "adjudicatory hearing" in a juvenile case , both sides present evidence and the attorneys argue the case much like a criminal trial.
In most states, the hearing is before a judge, not a jury. See Do juveniles have a right to trial by jury? At the conclusion of the hearing, the judge will determine whether the juvenile is delinquent. A delinquency ruling is called "sustaining the petition. If a delinquency ruling is made, a probation officer will evaluate the juvenile, order psychological examination or diagnostic tests if necessary, and then make recommendations at the disposition hearing which is similar to a sentencing hearing in criminal court.
The judge then decides what is in the best interest of the juvenile, and may order any number of things as part of the disposition, including:. The judge may also order the juvenile to appear in court periodically called post-disposition hearings so that the judge can monitor the juvenile's behavior and progress. To learn more about sentencing options for juvenile delinquents, see Nolo's article Juvenile Court Sentencing Options.
For more information about juvenile court, the rights of minors in juvenile proceedings, and how to help if you are the parent of a minor in trouble with the law, get The Criminal Law Handbook: Know Your Rights, Survive the System , by Paul Bergman and Sara Berman Nolo.
Grow Your Legal Practice. Meet the Editors. Issue: search. Here's how the juvenile justice system usually treats a youth offender case. How Police Deal With Juveniles There are a number of ways that a minor might come into contact with law enforcement over the alleged violation of a criminal statute. When Cases Go to Juvenile Court Once the police officer refers a case to juvenile court, a prosecutor or juvenile court intake officer often a probation officer takes over.
In deciding how to proceed, the prosecutor or intake officer will typically consider: the severity of the offense the juvenile's age the juvenile's past record the strength of the evidence in the case the juvenile's gender boys are more likely to be charged than girls the juvenile's social history, and the ability of the minor's parents to control his or her behavior.
Informal Proceedings If the prosecutor or probation officer decides to proceed with the juvenile's case informally, usually the minor must appear before a probation officer or judge. Although no formal charge is entered against the juvenile, he or she will usually be required to do one or more of the following: listen to a stern lecture attend counseling attend after-school classes repay the victim for damages pay a fine perform community service work, or enter probation.
Formal Proceedings: Petitioning the Case If the prosecutor or probation officer decides to proceed formally, he or she will file a petition in juvenile court.
If the minor's case remains in juvenile court, one of three things may happen: The minor enters into a plea agreement. The judge then decides what is in the best interest of the juvenile, and may order any number of things as part of the disposition, including: counseling confinement in a juvenile detention facility reimbursement of the victim, or probation.
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