Charges and Possible Penalties
180 days (6 months) to 2 years in State Jail and Up to $10,000 Fine
STATE JAIL FELONY
A judge will ask: “How do you plead?” -4 possible options What you plead will make a difference in the court proceedings What you plea may make a difference in sentencing
Plea
Instead of sentencing you to jail or prison, the Judge orders that you do some things and do not do others. If put on probation, you must report to a probation officer on a regular basis, take urine or blood tests, and possibly pay fines and restitution. You CAN NOT do things like leave the area without the permission of your probation officer. You cannot commit crimes, use alcohol or street drugs, or possess weapons. You may be ordered to go to a hospital or clinic for treatment while on probation. If you do not follow the probation orders of the Judge, you can be sent to jail or prison.
Probation
works for the state to provide evidence that youdid commit the crime (guilty)
District Attorney
A person who is accepted by the court as an expert about a subject.
Expert Witness
5-99 years in Prison and Up to $10,000 Fine
FELONY 1
Accepting the charges; “I did it.”
Gives up your rights to a trial
Move straight to sentencing with a judge
Guilty
You have a trial and are found not guilty. You are finished with the criminal charges and may be free to go.
Acquittal/Acquitted
“Boss” of the courtroom to make sure that everyone is following the rules; ensures you receive a fair trial
Judge
this person knows the defendant well and testifies about their good character and reputation; they are for the defendant
Character Witness
Up to 1 year in County Jail and Up to $4,000 Fine
MISDEMEANOR A
you are saying you did not do what you are accused of doing a. Denial of the charges; “I did not do it” b. There will be a trial to determine if you are guilty or not
Not Guilty
. Meet to discuss your arrest, the legal case against you, and your legal options b. Privileged communication: some information that you discuss with you attorney is private and does NOT have to be shared in court i. Your attorney can let you know what is privileged and what is not, all you need to do is ask c. Determine a plea i. Plea: the answer you (and your attorney) submit for the charges against you
Meeting with your attorney
people from the community who listen to the evidence to determine guilty or innocence
Jury
Can be testimony from a witness, objects (i.e., photographs, fingerprints, etc.), or written documents All evidence must be disclosed to both sides prior to the start of the trial
Evidence
I did the crime. Then goes to Sentencing
GUILTY
you are not saying you are guilty, but you are also not saying you are not guilty a. Not admitting to or challenging the charges b. May plead no contest because you feel you cannot prove your innocence c. Gives up your right to a trial, the judge determines next steps d. Also called “Nolo Contendere
No Contest
Opening Arguments
Witness and Evidence are presented by each side
Closing Arguments
Deliberations
Judge then determines sentencing
Court Procedures
court security officer; escorts you and others in and out of the courtroom i. Swears in any witnesses
Bailiff
The Judge, Your Attorney, and The District Attorney
Who can question you in court?
I did not do the crime. Then goes to Trial
NOT GUILTY
ou admit that you did do the act you are accused of, but that you are not responsible for it because at the time of the crime... a. You suffered from a mental illness AND b. You could not tell the difference from right and wrong c. If accepted by a judge, you can be committed to a state hospital for treatment anywhere from one day, to life
Not Guilty by reason of Insanity (NGRI)
You have an expert in the laws of your state working on your side
They want to help you get the best possible legal outcome
How does having a defense attorney help you?:
employee of the court who acts as a secretary for the judge andkeeps track of schedules
Clerk
this person knows the defendant well and testifies about their good character and reputation; they are for the defendant a. Example: teacher, pastor, employer/boss
Character Witness