Criminal Traffic Court Trial

Criminal Traffic Court Hearing Procedure

1. You will appear at the court trial with your attorney, if you have one representing you
2. The State (prosecution) will present its case first by calling witnesses to testify against you
3. After each prosecution witness has finished giving testimony, you will have the right to ask that witness questions.  Your questioning must be based in facts, not emotions.  Do not argue with witnesses or attempt to tell your side of the story at this time.  You will have an opportunity to tell your version of facts later
4. After the prosecution has presented their case, you may present your case.  You have the right to call your own witnesses
   • This is when you can testify
5. Once you are done presenting the state can present any evidence they have in rebuttal
6. At the end of the trial, you will have an opportunity to summarize your case to the jury, or , in a non-jury case, to the Judge.  At that time, you may present any evidence-based arguments that were brought up in the hearing
7. The judgment will be based on the facts and evidence presented during the trial

Things to Know:

• Depending on the alleged offense, you will be entitled to a jury trial or a non-jury trial
• You are entitled to hear all the testimony introduced against you
• You may testify on your own behalf.  If you do testify, you will be subject to cross-examination by the Prosecutor
• You have the right to cross-examine any witness who testifies against you.  You have a right to testify on your own behalf.  You also have a Constitutional right to not testify.  If you choose not to testify, your refusal cannot and will not be used against you in determining your guilt or innocence.
• You can have the Court issue subpoenas for witnesses to ensure their appearance at trial.  Requests for subpoenas should be made well in advance so that you have time for them to be served properly.

If you are found Not Guilty, any bond that you have posted will be refunded.  If you are found Guilty, you may be sentenced at that time or a date will be set for sentencing at a later time. The amount of any jail sentence, fine, fee, restitution, or probation assessed by the Court is affected be the facts and circumstances of the case and your prior criminal record.  Circumstances may lower or increase the amount of jail, fine, or probation.  For some offenses, there are statutory minimum sentences which the Judge must impose.

If found Guilty, you have the right to appeal the conviction by filing a notice of appeal within 14 days from the sentencing date.  The appeal is a review of the case.  You will not automatically get a new trial.