Understanding the court process

First appearance and release

At an initial appearance, the court addresses the filed charges and release or bond issues. Read your paperwork, keep track of the next date, and ask counsel to explain the conditions that apply to you.

Your court orders and notices state your obligations. Contact counsel promptly if you do not understand an instruction or cannot attend a hearing as directed.

Misdemeanor and felony paths can differ

Felony cases, unlike misdemeanor cases, include a preliminary hearing before arraignment. A preliminary hearing concerns whether there is enough evidence for the case to proceed; it is not a trial deciding guilt. Counsel can explain the hearing, any proposed waiver, and the evidence that may come out at the hearing.

Do not assume that a friend's case followed the same path as yours. Ask which hearings you should expect and what decisions may arise at each one.

Reviewing allegations and evidence

Your lawyer can review the complaint and information available through discovery, then discuss factual and legal issues with you. Tell counsel about documents or other material you believe may be relevant. Ask how to preserve and share it.

A useful question is: what information do we have, what remains missing, and what do you need from me before the next hearing?

Motions and case preparation

A lawyer may ask the court to decide legal questions through motions. Preparation may include reviewing records, investigating facts and evaluating the evidence. The work and timing vary with the issues in the case.

Ask counsel which questions require a court ruling and which decisions require your participation. Keep appointments and provide requested information through the agreed channel.

Negotiations, trial and resolution

A case may involve plea discussions, a trial, or a different resolution. Counsel should help you understand the available choices and their potential consequences. After a conviction, sentencing and later proceedings may follow.

Before deciding on a proposed resolution, ask what it requires and which consequences need further explanation. Do not rely on a website guide to choose a plea or assess a particular outcome.

Before your next hearing

• Confirm the date, time, location and appearance instructions from your notice.
• Ask counsel what the hearing is for and whether you must attend.
• Review your release conditions and discuss uncertainties with counsel.
• Plan transportation and keep your paperwork together.
• Write down questions you want to discuss before the hearing.