Initial Appearances in a Criminal Traffic Trial
What is an initial appearance?
An initial appearance is the proceeding where you will be advised of the charges against you. You will also be advised of your Constitutional Rights and possible penalties.
What is an arraignment?
An arraignment is the time in a criminal proceeding when you have an opportunity to plead guilty, no contest, or not guilty. This is also the time when the conditions of your release will be determined.
What happens at an initial appearance?
You will either come to court or appear remotely. You will be called, the Judge will read the charges, and explain what the charges mean. The Judge will then ask how you plead, Guilty, Not Guilty, or No Contest.
What are the different misdemeanor categories mean?
Certain charges have what are known as mandatory minimum penalties. This means that if you plead guilty or no contest or are found guilty, there is a minimum penalty described in the statute. If your particular case does not have a mandatory minimum penalty, the Judge will advise you of that when you come up to the bench.
Misdemeanors come in three categories: class one, class two, class three.
A class one misdemeanor carries a maximum penalty of $2500, up to 6 months in jail, and up to 3 years probation. An exception for example: a DUI has a maximum probation of up to 5 years.
A class two misdemeanor has a maximum penalty of $750, up to 4 months, and up to 2 years in probation.
A class three misdemeanor has a maximum penalty of $500, up to 30 days in jail, and up to 1 year probation.
In most cases, no matter what class of misdemeanor we are dealing with the minimum penalty may be a suspended sentence.
What if I plead not guilty?
If you plead not guilty, you will be given your court date in writing. You must appear at that date and time. When you plea is entered the court will set a pretrial conference date. That is a date where you meet with a prosecutor to exchange evidence and see if the matter can be settled without going to trial.
What if I plead Guilty or No Contest?
If you plead Guilty or No Contest, you will be giving up your Constitutional rights, including the right to be represented by an attorney. In most cases, if you plead Guilty or No Contest and the Court accepts the plea, you will be sentenced and that will terminate the matter.
How do I request a court appointed attorney?
You have the right to be represented at all court proceedings by an attorney. If you cannot afford an attorney, you may fill out a request for a court appointed attorney. Even if you are indigent, in certain cases, you may not be allowed to have a court appointed attorney. One of the considerations is if the charge has no mandatory jail time upon conviction. The request would be reviewed and a determination made by the Judge whether or not you qualify for a court appointed attorney. You may be required to pay the court back for part or all of the court attorney fees.