Now that I am charged with a crime, what happens next?
Your first hearing, is called an initial hearing. At this hearing, the Court will advise you of your Constitutional Rights:
- a public and speedy trial by jury
- to confront and cross examine witnesses against you
- to subpoena witnesses at no cost
- to require that the State prove you guilty beyond a reasonable doubt
- to remain silent
- to appeal any decision made by the Judge
The Court will also advise you of your criminal charges, furnish you with a copy and enter a not guilty plea on your behalf. Lastly, the Court will also set future dates which may include, a pre-trial, omnibus date and bench trial or jury trial.
The next important date is called an omnibus date. The omnibus dates may or may not be an in court hearing. However, (he date is very important because it used to establish deadlines for the filing of certain motions and defenses.
The next date which may be at the same time as the omnibus date is called a pre trial conference. This hearing may be a formal hearing where the Court asks questions concerning the status of your case or may simply be an informal discussion between the prosecutor and your Attorney. This is generally where plea agreements are negotiated or it is agreed that the case is set for trial.
It will be solely your decision whether to accept any plea agreement offered by the prosecutor. If you accept the agreement, and the Judge accepts it, none of the terms can be changed. If the Judge does not accept the agreement, it will be as if the plea agreement was never negotiated and your case will be set for future hearings or;
If necessary the last dale is the trial of your case: In the past, I have always recommended that my client demands his right to a trial by jury. All felonies are automatically set for this type at trial. I a misdemeanor case, you must timely demand a jury trial in writing. At the trial, your case is judged by a jury of your peers.
How will Attorney Bart M. Betteau handle my case?
The way I handle your case is wholly dependant on the facts and circumstances of your particular case. However, I firmly believe that the best defense in any criminal defense case is a good offense. This means that from the beginning of your case, I will aggressively attempt to uncover all of the evidence the State intends to use against you. At a minimum, I will file a motion asking for the State to furnish me with all of the evidence in their possession. We may also find it necessary to ask the State’s witnesses to appear and give testimony under oath prior to trial at a deposition. Lastly, we may discuss employing investigators or experts of our own.
After we have gathered all of the State’s evidence, we will then be able o determine what other motions to be filed, such as motions to dismiss, suppress, or further order for discovery.
Criminal Defense Lawyer Shopping List Questionnaire
HOW LONG HAVE YOU BEEN A LAWYER? ________
HAVE YOU TRIED ANY JURY TRIALS OF ANY KIND? ______
HAVE YOU WON ANY JURY TRIALS OF ANY KIND? __________
HAVE YOU WON ANY CRIMINAL DEFENSE JURY TRIALS? __________
CAN I VERIFY THE CASE NAMES AND COUNTY? _________
HAVE YOU WON MORE THAN FIVE CRIMINAL DEFENSE JURY TRIALS? __________
WHAT OFFENSES WERE CHARGED IN THE CRIMINAL DEFENSE JURY TRIALS THAT YOU WON? __________
HAVE YOU HANDLED A CASE WITH THE SAME CHARGES I AM FACING? __________
HAVE YOU HAD A CRIMINAL DEFENSE JURY TRIAL ON THESE PARTICULAR CHARGES? __________
WHEN WAS YOUR LAST JURY TRIAL? __________
HAVE YOU GIVEN ANY PRESENTATIONS AT SEMINARS BY SPEAKING OR PRESENTING MATERIALS TO OTHER LAWYERS, POLICE, OR PROSECUTORS? __________
IS YOUR PRACTICE LIMITED TO CRIMINAL DEFENSE? __________