The Court Process

The first stage of the court process is called an arraignment. If you were arrested and held in jail and did not make bail you have probably already been arraigned. If you bailed out before seeing a judge you will usually be given an arraignment date at the time of your release. If you were not arrested you will likely receive an arraignment date in the mail. The arraignment is the official start of the criminal proceedings against you. You must personally appear at an arraignment on a domestic violence charge. Unlike other types of charges, an arraignment cannot be waived in a domestic violence case.

At the arraignment you will be asked to enter a plea of guilty or not guilty. If you have an attorney your attorney will enter a plea for you. The court will then decide whether you should remain out of custody while the case proceeds or whether you should be held in jail. The court will also likely enter a no-contact order against you prohibiting you from having contact with the alleged victim in the matter. Sometimes it is possible to avoid the entry of a no-contact order if you get an attorney involved soon enough. This is very important as most of the time a no-contact order will prohibit you from going home. After conditions of release have been set the court will set dates for a pre-trial hearing and a jury trial hearing.

2. The Pre-Trial Hearing

The Pre-Trial hearing (sometimes called a readiness hearing) is usually held from 2-8 weeks after the arraignment depending on the court. It is very important that you have an attorney no later that your pre-trial date. The pre-trial date usually involves negotiating points of law and even the possible settlement of your case. It is also sometimes possible to ask to have the no-contact order dropped at your pre-trial date. This again varies by court. If your case is not resolved at your pre-trial date you may have another pre-trial date set to work out further legal issues. A motion date may also be set to hear evidence and have argument about factors in your case. Your case can also be confirmed for trial at your pre-trial. Again, appearance is mandatory at a pre-trial date in domestic violence cases.

3. Motion Hearing.

Not every case will proceed to a motion hearing. Motion hearings may be held to determine the admissibility of statements you may have made to the police or for the police violating your Miranda rights. A motion hearing may also be held to try and dismiss your case for the police arresting you without probable cause. A motion hearing may also be held to suppress evidence illegally seized by the police or to suppress evidence based upon the police illegally entering your residence. A motion hearing may also be held to determine whether statements made to the police by the alleged victim are admissible. A motion hearing may also be held to compel the prosecution to turn over evidence that tends to show you are not guilty. This evidence sometimes includes a tape of the phone call made to 911. If your case does proceed to motion your attorney will decide whether you need to testify or not. This is a very important decision because in some types of motions what you say in court may be able to be used against you later by the prosecutor at your trial.

4. Trial.