Criminal | Justice Court
At the Arraignment the Judge will advise the defendant of their rights including the right to counsel and be given a rights form to sign. Once the defendant knows and understands their rights and is ready to proceed, the Judge will read the charges to the defendant, who must enter a plea. The defendant has the right to be sentenced in no fewer than two nor any more than 45 days, unless waived.
If the court is satisfied and the defendant understands the consequences, the court will accept the guilty plea. The court will schedule a date for sentencing or if the defendant chooses, he or she may waive that time and may be sentenced on the day of the plea.
The court may hold a pretrial conference in which the prosecutor and defense attorney attempt to negotiate settlement of the case. A judge may refuse to approve a proposed settlement.
Cases not settled are scheduled for trial bench trial or scheduled for a jury trial if the court receives a request for jury trial. A Bench Trial is a hearing in which a judge makes all decisions.
If a defendant is found Not Guilty, their case will be closed. If the defendant is found guilty, the defendant has the right to be sentenced in no fewer than two nor any more than 45 days following conviction. If the defendant chooses, he or she may waive that time and may be sentenced on the day of conviction. A jury trial, or trial by jury, is a hearing in which a jury panel of 4 citizens within the community make a unanimous decision or finding of fact.
If it is determined by a Jury panel that a defendant is Not Guilty, the case will be closed.
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