Trial Procedures

INFORMATION FOR PLEAS OF “NOT GUILTY

Plea of Not Guilty-A plea of not guilty means that have a defense in your case, and that you are informing the Court that you deny guilt or that you have a defense in your case, and the State must prove what it has charged against you.

CONTINUANCES

If you need a continuance for your trial, you must put the request in writing and submit it to the court with your reasons prior to trial. The judge will make a decision whether or not to grant the continuance. You may request a continuance for the following reasons:

  1. religious holy day where the tenets of your religious organization prohibit members from participating in secular activities such as court proceedings, ( you must file n affidavit with the court stating this information); or
  2. that you feel it is necessary for justice in your case and why.

PRESENTING THE CASE

As in all criminal trials, the State will present its case first by calling witnesses to
testify against you.

After prosecution witnesses have finished testifying, you have the right to cross-examine. In other words, you may ask the witnesses questions about their testimony or any other facts relevant to the case. You cannot, however, argue with the witness. Your cross-examination of the witness must be in the form of questions only. You may not tell your version of the incident at this time-you will have an opportunity to do so later in the trial.

After the prosecution has presented its case, you may present your case. You have the right to call any witness who knows anything about the incident. The State has the right to cross-examine any witness that you call.

If you so desire, you may testify in your own behalf, but as a defendant, you cannot be compelled to testify. It is your choice, and your silence cannot be used against you. If you do testify, the State has the right to cross-examine you.

After all testimony is concluded, both sides can make a closing argument. This is your opportunity to tell the court why you think that you are not guilty of the offense charged. The State has the right to present the first and last arguments. The closing argument can be based only on the testimony presented during the trial.

JUDGMENT/VERDICT

If you are found guilty by either the judge or jury, the penalty will be announced at that time. Unless you plan to appeal your case, you should be prepared to pay the fine at this time.

APPEAL

If you are found guilty, and are not satisfied with the judgment of the court, you have the right to appeal your case. To appeal, you must file an appeal bond with the Court within 10 days of the judgment. The amount of the appeal bond is double the amount of the final judgment.

Please be aware: This office staff, nor the Judge can give any legal advice.

It is your responsibility to notify the court of any address change.

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