Some Practical Advice on the Operation of the Criminal Justice System

The Criminal Justice System moves slowly but steadily.  A DUI or a Misdemeanor normally takes four to five months to resolve.  Complex Misdemeanors and Felony cases will usually take longer. 

If you are arrested for DUI and also received additional tickets (running red light, speeding etc.) do not pay them prior to speaking with your Attorney.  It is possible that they can be combined with the DUI charge and dismissed as a part of the resolution of the DUI. (Be sure to bring all tickets with you when you visit your Attorney as they may not appear in the Court computer records until much later.

All charges which arose during one incident should be brought before the same Court.  If you receive notice that one charge is in felony court and one in misdemeanor court, be sure to bring that to your Attorney's attention.

If you are arrested for DUI you have 10 days to file for a Review Hearing.  Although you can request this yourself by following the instructions on your ticket, you will usually need to also request and pay for the DUI packet and subpoena the Officer in order to have much chance of success.   You should retain an Attorney prior to the expiration of the 10 day period and have him handle this procedure for you.  (It is included in the standard fee that we charge.)

Following an arrest, the first hearing will be set in approximately 30 days.  That hearing is an arraignment.  If you have retained an Attorney, you will not have to appear at that hearing.  Your Attorney will file a notice of appearance and a Notice of Intent to participate in Discovery. 

If you have not retained an Attorney, you must appear.  Come prepared to stay the entire morning.  A large number of people will be on the docket and each name will be called, usually alphabetically.  The Judge will inquire of each person whether they want to plead guilty or not guilty (no brainer, not guilty is the plea at this stage) and  whether they have retained an Attorney.  If you have not retained an Attorney, the Judge will inquire as to whether you qualify for the Public Defender and if you feel that you do, you will be required to fill out a financial affidavit and apply with the Public Defenders Office.  If you do not qualify, you will have to retain an Attorney or represent yourself. 

Your case will then be set for a Disposition Hearing or a Pre-Trial Hearing within the next 30 days or so.   A disposition hearing is an administrative hearing for the purposes of reviewing the status of each case, making a decision on discovery issues, and determining which cases will be tried in what order.  If your charge is a misdemeanor or criminal traffic and you have an Attorney you will not be required to appear until the case is set for pretrial.   If your charge is a felony, you will be required to appear at every hearing after the arraignment.

Ultimately if the case is not sooner resolved, it is set for trial.  Normally a trial is before a jury of 6 people, unless it is a capital case which will be heard before 12 jurors. 

Warning: If you fail to appear at any hearing which requires your appearance, a capias (warrant for your arrest) will be issued.  Your bond will be estreated (taken) and upon arrest you will be held without bond or required to post a new, usually higher bond. 

Practical consideration: The Criminal Courts building has one entrance from the street.  Because of the metal detectors, some mornings the line will stretch around the block.  The delay can be considerable.  Although the Judges are aware of this situation, they usually are of the opinion that if you had left home earlier you would not have been late. 

Suggestion: The Edgecomb Courthouse has an entrance which is usually not crowded.  You can enter there quickly. Once inside, take the escalator to the second floor take a right and go straight down the hallway.  It will take you through a pedestrian overpass into a second floor lobby of the Criminal Courts Building.  Most Misdemeanor Courts are right on that lobby.  Judge Thomas is the exception, she is on the first floor all they way down at the end of the hallway.  Most Felony Courts are on the first floor or the third floor.  An elevator and an escalator are located in the lobby area.  (Bathrooms are by the elevators)

Hint: If you do not know the location of these building they are all labeled on our Map under the heading contact us. The map can be printed or enlarged.  The Directions listed to our office will also assist in planning your trip to the Courthouse, since we are only a couple of blocks away.

During the period of time listed above your Attorney will be investigating your case.  You have a right to Discovery.  The State must allow your Attorney to see all police reports, lab reports, witness statements and any evidence.  In a felony case your Attorney will be allowed to take depositions (bringing in the witnesses and asking questions under oath, in the presence of the State Attorney and a Court Reporter).  In Misdemeanor cases, the Attorney can talk informally with the witnesses, and if they do not cooperate, can request that depositions be allowed. 

Once your Attorney has this information, it should be shared with you for review.  The most productive meeting between a Client and Attorney are after all this information is gathered.  An Attorney will usually investigate further to check on the validity of that evidence.

It is also during this pre-trial time that any appropriate motions will be filed.  If your Attorney finds that the State's case is insufficient, a Motion to Dismiss will be filed.  A Motion to Suppress particular evidence will be filed if the State improperly obtained evidence.  

The decision to try a case or to enter a plea is exclusively yours.  An Attorney is required to tell you about any offer the State makes and to give you an opinion concerning it.

At trial, the State is required to prove the charges against you.  You are not required to prove anything.  You may sit silently throughout the trial and your silence cannot be used against you.  You are also entitled to testify if you so choose.  These rights are absolute and are decisions only you can make. 

The decision by the jury must be unanimous either for conviction or acquittal.  If they cannot decide, the judge declares a hung jury and the case goes back on the trial docket. 

An Attorney will be advising you at each of these stages.  The goal should always be acquittal, but sometimes the resolution will be a plea.  The best plea compromises come from exposing the weaknesses of the State's Case.  It sometimes will not be enough to win, but will be enough to make them offer something reasonable.