Who's Who
This person protects your rights, decides if you're guilty or not, and gives you consequences.
Who is a judge?
-Your first hearing, if you are in custody.
-You are told your charges (what the DA says you did).
-You are protected by your five main rights.
-The judge decides if you stay in custody, or released, pending the next Court hearing.
-The judge gives you rules to follow until your next hearing.
What is a detention hearing?
The person charged with or accused of committing the crime
Who is the defendant?
-The DA must prove to the judge that you committed the crime.
-When you first walk into the courtroom, the judge begins by believing that you did not commit the crime.
What is you are innocent until proven guilt?
-You are saying that you did the crime.
-The charges will be found true.
-You lose your five main rights.
-Your next hearing is a disposition hearing to receive consequences.
What is to admit to the charges?
This person:
-works for you
-Will defend you in court
-May bring evidence, witnesses, and other information to help you
-Will not tell anyone what you talk about
Who is a defense lawyer/public defender/my attorney or lawyer?
-The DA and your lawyer will bring witnesses and evidence to the judge to prove you did or did not commit the crime.
-The DA and your lawyer can cross-examine or ask questions of any witnesses
-You may choose to testify.
-The judge will decide if you did or did not commit the crime.
-If the judge finds you did not commit the crime, your charges will be dismissed and you will not have another hearing.
-If the judge finds you did commit the crime, then you will proceed to the next hearing, the disposition hearing.
What is a trial?
True or False: You can get up and say what you want in the courtroom any time that you want
What is False?
You have the right to tell the judge that you did not commit the crime.
What is you have the right to a trial?
-You are saying that you did not commit the crime.
-You can ask for a trial to prove that the charges are not true.
-You will continue to be protected by your five main rights.
-Your next hearing will be a trial.
What is to deny the charges?
This person:
-works to show the judge that you did commit the crime.
-works for the county and state
-will use witnesses and may bring evidence to prove you committed the crime
Who is a DA-District Attorney?
-This is a hearing to determine if your lawyer or DA needs more time is to prepare your case. A Court Continuance is issued (also known as a time waiver).
-Sometimes this is where plea deals are discussed and offered.
What is a pre-trial conference?
A minor offense or lesser charge such as graffiti, shoplifting (stealing something like candy) or giving information that is not true to a police or probation officer.
What is an example of a misdemeanor?
-You do not have to speak in court about the crime
-Your lawyer will speak for you
What is you have the right to remain silent?
This is something offered to you by the DA. The DA will agree to reduce or dismiss some of your charges if you will ADMIT to the crime
What is a plea/plea bargain/taking a plea?
This person:
-Reports how you are doing to the Judge
-Helps the Judge decide the rules and consequences you should follow
-Refers you to services that may help you (such as therapy, wraparound, drug treatment)
Who is a probation officer (PO)?
-If you are found to have committed the crime, or if you admit to the charges, you will have this kind of hearing where you are given consequences.
What is a disposition hearing (sometimes known as sentencing)?
A more serious charge that carries a harsher penalty such as robbery (taking something with force), assault (hitting or kicking someone), weapons or burglary (sneaking into a house or car to take something).
What is a felony?
-Your lawyer will ask the witness questions on your behalf (for you).
-You should tell your lawyer if you think the witness is lying.
What is you have the right to cross-examine or ask questions any witnesses.
True or false: You have to accept a plea bargain.
False. You DO NOT have to accept a plea bargain.
The peace officer of the court, normally a Sheriff's Deputy that keeps order in the court.
Who is the bailiff?
These are examples of what?
-Serving time on Probation, community service
-Attend School, obey your curfew
-Follow Parent’s rules, stay away from places or people
-Pay a fine, drug tests, attend counseling
-out of home placement, GPS (electronic monitoring)
What are consequences in juvenile court?
When the prosecutor/defense attorney asks the defendant/witnesses questions in court.
What is cross examination?
-Your lawyer can bring witnesses and evidence to tell your side of the story.
-Examples of evidence include witnesses, fingerprints, video, pictures, social media postings, text messages, police reports, DNA, etc.
What is you have the right to present witnesses and evidence to help your case?
Give an example of a plea bargain.
Answers will vary.
Example: James is charged with one felonies and one misdemeanor. The DA has offered a plea bargain- if James ADMITS to one misdemeanor then the felony charge will be dismissed.