Criminal Procedure – the process

First Appearance and Bond – Night Court, the Commissioner will tell you what you have
been charged with and will set the bond. You do not have the right to bond if you are
charged with a crime that carries the death penalty or are being held on a parole violation.

Types of Bond:
1. Cash bond
2. Surety Bond / bondsman
3. Property Bond

If you are given a citation instead of being arrested, you will be required to appear for
booking within one-week of getting the citation. You will need a lawyer for the Bond
Docket even if you are charged with just a citation. If you are charged with a
misdemeanor offense (less than one year in jail), you case may be settled on this docket.

No juries in general sessions court. Bench trial is where judge hears the proof and decides
if you are guilty or not guilty and sets the punishment. You can appeal the judgement.

If you want a jury trial, your case must be bound over to the criminal court. You’ll
usually have a preliminary hearing where the judge decides if there is “probable cause”
that you committed the crime. If judge finds prob cause, your case will be sent to grand
jury.

The General Sessions court can have a preliminary hearing to decide if there is probable
cause for your case to continue to the next level. The only things the judge will decide:
1. If the crime was committed, and
2. You were the person who committed the crime.

In serious felony cases, the state will demand a preliminary heating and there will not be
a chance to settle your case or get bond reduced in general sessions court. After the
hearing, if the judge decides there is probable cause or if you decide not to have a
hearing, your case will be sent to the next level. This is called binding over to the Grand
Jury and your case is “bound over.”

Direct Presentment is when the prosecutor goes directly to the Grand Jury through a
“Sealed Indictment.” If the General Sessions judge dismisses the case at the jail or bond
docket, the prosecutor may seek a Direct Presentment.

The Grand Jury is 13 people who hear evidence and determine if you should be formally
charged with a crime. If yes, they return a “True Bill” which means you have been
indicted and the case is set for Arraignment. “No true bill” means they didn’t find
probable cause and DA can then let it go or resubmit to a new Grand Jury.
Your lawyer can get faster court date if you agree to bypass the grand jury and
“Information” and go directly to criminal court. An Information is an agreement between
you and the DA to settle on a deal that will be entered in Criminal Court, usually within
two months.

When a case has been indicted by the Grand Jury, it is assigned to one of the Criminal
Courts and set for arraignment.

After arraignment, your lawyer will file a discovery motion for witness lists, statements,
reports and other information about your case. A motion is where your lawyer is asking
the judge to decide something such as whether a line-up or statement should not be used
against you, whether certain evidence should not be used or where you and your lawyer
need the judge’s help to find information to prepare the case.

Settlement dockets are when you can enter your plea if you, your lawyer and DA have
reached a plea agreement. If plea not possible, a trial date will be selected for some time
in the future.

Pleas:
1. Guilty
2. Not guilty
3. Nolo Contendre

To plead guilty or nolo, judge must be convinced that there is a factual basis for your
plea, you understand what you are pleading to, you understand your rights when you
plead guilty, and no coercion exists.

When pleading guilty or nolo, you give up right to trial, confront witnesses, and to remain
silent. You cannot appeal a guilty plea. The only issue left is sentence.

Jury trial is where judge presides and people from community determine guilt. Bench
trial is decided by judge. You must decide whether you want a bench trial or jury trial.
Both Def and the State have right to demand a jury trial.

After jury selected, each side makes opening statements. Then DA presents witnesses and
evidence and your lawyer questions these witnesses. DA must prove beyond a
reasonable doubt that accused committed the crime.

After DA’s witnesses are finished, your lawyer can ask judge to enter judgment of
acquittal if the DA did not present enough evidence to prove guilt. If motion denied, your
lawyer presents defense and evidence.

If jury cannot reach unanimous decision, a mistrial occurs and case is set for another trial.
If you plea guilty or nolo, without an agreement as to sentence, or if you are found guilty
after a trial, the judge will set a date for a sentencing hearing and order that a pre-
sentence investigation (PSI) report be prepared.

The max time for misdemeanor is 11 months 29 days.