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Criminal and Traffic Cases
If you are a defendant:
When your name is called, come forward with your lawyer, if you have one, and witnesses and stand before the bench.
The charge will be read. If you do not understand the charge, ask the judge to repeat or explain.
If you are asking for a continuance (postponement,) do so now, and give your reason.
You answer the charge by saying guilty or not guilty. When you plead guilty, you admit that you broke the law as you were charged, and are agreeing to accept any penalty set by law and imposed.
If your plea is guilty:
The judge may hear a brief statement from the officer, prosecutor or individual who brought the charge against you.
Then the judge may ask you is you wish to make a statement. You may then say whatever you wish about what happened.
The judge will find you guilty or not guilty and may sentence you.
If your plea is not guilty:
The witnesses who bring evidence against you will be heard first. You or your attorney may cross-examine each witness.
You may present witnesses on your behalf, but you do not have to testify yourself, unless you want to do so, when you are accused of a criminal charge.
After your evidence is presented, witnesses against you may be heard again in rebuttal testimony.
Then the judge will give his decision.
If you are fount NOT guilty or, if the judge dismisses the case against you, or if the judge grants a motion not to prosecute, you are free to go.
If you are found guilty, you must satisfy the sentence by:
Paying fines and court costs in full to the clerk of the court if so ordered.
Surrendering your driver's license to the clerk if so ordered by the judge.
Serving time in jail is so ordered by the judge.
Comply with alternative sentence as ordered by the judge.
Failure To Appear
In criminal and certain traffic cases, if you fail to prepay the fine and costs (when allowed) and also fail to appear in court, a separate warrant may be issued against you on the new charge of failure to appear. You then will have to stand trial on that charge, as well as the original charge.
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