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What is an arrest warrant?
An arrest warrant is an order signed by a judge authorizing the police to arrest a person believed to have committed a crime.
What is a summons?
A summons is a written order to appear in court on a specified date.
What happens to the person after arrest?
After arrest, the defendant (the accused) is brought before a judge for an initial hearing. At this time the judge gives the defendant a copy of the charge(s) and may appoint a public defender if he/she qualifies.
What is a No Contact Order?
A No Contact Order is a criminal order signed by a judge. It orders the defendant to have no contact with the victim in person, by phone or letter, through friends or family or in any other way. If the defendant violates the No Contact Order, the defendant may be charged with a crime.
What is a subpoena?
A subpoena is an official court order requiring a victim/witness to appear at the time and place noted, usually to testify at some court proceeding.
What is a pre-trial conference?
A pre-trial conference is a hearing in which the prosecutor and the defense exchange information in preparation for the trial. The judge signs the pre-trial order and sets a trial date. Victims do not need to attend these hearings.
What is a deposition?
A deposition is the recorded testimony of a witness, given under oath in the presence of both the defense attorney and the prosecutor. The purpose of taking a deposition is to determine and preserve the testimony of a witness.
What happens in a trial?
In a trial, the prosecutor presents the case on behalf of the State and has the burden of proving, through the testimony of witnesses and other evidence, beyond a reasonable doubt, that the defendant did commit the crime alleged. The defendant may testify or present evidence in his defense, but is not required to do so. The trial may be either before a judge or before a jury.
Are witnesses permitted to be in the courtroom before and after testifying?
Usually there is a "Separation of Witnesses Order" so people who are to testify are not allowed to watch the trial. Such an order also means witnesses are not to discuss their testimony with each other during the course of the trial.
How and when is sentencing determined?
A defendant who has been found guilty or has pleaded guilty is sentenced by the judge. Sentencing usually takes place within thirty days. This allows the Probation Department time to prepare a pre-sentence report for the judge. Using state law as a guideline, the judge may sentence the defendant to jail or prison, place him/her on probation, order restitution to a victim and/or order a fine and costs be paid.
Do I need a lawyer?
If you wish to pursue a civil action, you should speak to a private attorney.
What if someone threatens me to drop the charges?
On rare occasions witnesses are threatened. If anyone has threatened you in connection with the case in which you are involved, either in or out of court, he may have committed a new crime. Immediately contact the police and then call the Prosecutor's Office.
What if I change my mind about prosecuting or testifying?
A crime committed against any person is a crime against all persons. You and our community deserve protection. A citizen, victim or witness has a duty to report and help with the prosecution of that crime. Without your cooperation, the judge or jury may not have all of the evidence they need to see that justice is done. When criminals go free, it is likely they will commit more crimes. The judge can require testimony of any victim or witness to a crime. Should you have any concern about testifying, talk to your Victim Assistant or Deputy Prosecutor handling the case.
What if the defense attorney contacts me about the case?
The defendant's attorney may want to talk to you about the case and is permitted to do so. You do, however, have the right to decide whether you want to discuss the case with the defendant's attorney or not. If you choose to talk to the defendant's attorney, you also have the right to request that the Deputy Prosecuting Attorney be with you during the interview. Always ask for identification from any person who wants to talk to you about the case.
When do I get to talk to the judge?
The only time you get to speak to the judge would be at a trial or at a sentencing hearing.
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