Video FAQ Room

What Type of Appearances Can I Expect?

Bail Argument:  You may be held in custody pending a bail argument.  This can be required for most serious felony cases but may likely happen in first time domestic assault charges as well as some first time DWIs and more.  The issues the court usually considers are the seriousness of the charges, the potential danger to the public and likelihood to appear for court.  These arguments can be complex and some conditional release requirements can be onerous.  

Arraignment/First Appearance:  You typically appear on these to enter a not guilty plea and acknowledge what you are charged with.  In more serious cases, not guilty pleas are delayed until future court appearances.  

Pretrial/Omnibus Hearing:  This is typically the point where the prosecutor is willing to address possible settlement. We usually have been able to get all of the police reports, videos, documents, etc, to make a more clear assessment regarding the quality of the state’s case.  Multiple appearances may be made at this point.  Cases may settle at this point although it may depend upon the seriousness of the case.  

Contested Hearings:  Under certain circumstances, it is necessary to contest the admissibility of certain evidence.  A successful result could lead to the dismissal of a case or the exclusion of certain evidence which can dramatically impact the ability of the government to continue the prosecution.  

Trial:  There are many reasons that require a jury trial or a trial before a judge.  There are an equal number of reasons that make a trial a very unwise move.  As the case progresses, it is critically important to assess the quality of the government’s case, the possibility of a successful resolution short of trial, and the ramifications of settling vs. the possible ramifications of going to trial.  In misdemeanors and gross misdemeanors in state court, we have the right to a six person jury whereas as with felony charges, we face a twelve person jury. Nevertheless, only the person charged can decide whether to go to trial or to resolve a case. 

Pre Sentence Investigation (PSI):  In the event of resolution short of trial and/or a guilty verdict, a PSI may be required depending upon the type of charge.  This is designed to provide the sentencing judge with sufficient information to decide what she or he will do at sentencing.  This can be a critical stage and requires great care.

Sentencing:  At this point, there are many factors at play.  Preparation is fundamentally important to convince the Judge to rule in our favor.  As a result, this might be done through negotiation earlier in the case or through specific behavior by a defendant pending the sentencing.  Either way, planning and care is key.

Collateral Consequences in Criminal cases:  In addition to jail and fines, defendants could face a series of other consequences including loss of gun rights, voting rights and more.  In addition, in certain cases including domestic assaults, defendants may also face no contact orders and other limitations.  DWIs may face no-use provisions, license ramifications and even vehicle forfeitures.  As a result, it is important to understand all of the ramifications of “taking a deal.”

Jack Rice Defense has made thousands of court appearances and has worked in these courtrooms for decades.