Your Case and The Criminal Court Process
Ms. Casanova knows it can be nerve-wracking and frustrating when you are involved in a criminal or traffic case. That is why she takes each step of the legal process and goes through it with you.
All cases go through a similar basic process in the court system:
First Appearance: This is where you are given your basis rights and the court makes sure you understand the crimes with which you have been charged. A pre-trial or Omnibus Hearing will be set at this time.
Pre-Trial/Omnibus Hearing: This step is where most negotiations happen. Prior to this hearing, Ms. Casanova will look at your case and analyze it for any weaknesses on the prosecution's side. She will also determine whether there is any evidence that can be challenged legally. The State will make an initial offer at this time. This hearing would also be the proper place to negotiate to settle the case if it is appropriate to do so.
If it is decided to challenge any evidence, a future hearing would be set at this time. If the matter is a ticketed offense (i.e. traffic offenses, petty misdemeanors or other citations), this hearing may be done at the first appearance.
Contested Pre-trial/Contested Omnibus: This is where the defense argues about the admissibility of evidence if appropriate. If no agreement with the state is made then a trial is set.
Trial: Adults may choose a court trial or a jury trial (juveniles are only permitted a court trial). A court trial is where the prosecution and the defense each present evidence to a judge and the judge alone makes a decision. A jury trial is where we pick six or 12 persons jury (depending on what you are charged with), and that group then reaches a verdict.
Post-Trial: If a plea agreement has been made, the judge may impose the sanctions laid out in the plea agreement. If acquitted of the crime, then the defendant has no further obligations to the court. If convicted, sentencing is imposed by the trial judge after consideration of arguments made by both parties.
All cases go through a similar basic process in the court system:
First Appearance: This is where you are given your basis rights and the court makes sure you understand the crimes with which you have been charged. A pre-trial or Omnibus Hearing will be set at this time.
Pre-Trial/Omnibus Hearing: This step is where most negotiations happen. Prior to this hearing, Ms. Casanova will look at your case and analyze it for any weaknesses on the prosecution's side. She will also determine whether there is any evidence that can be challenged legally. The State will make an initial offer at this time. This hearing would also be the proper place to negotiate to settle the case if it is appropriate to do so.
If it is decided to challenge any evidence, a future hearing would be set at this time. If the matter is a ticketed offense (i.e. traffic offenses, petty misdemeanors or other citations), this hearing may be done at the first appearance.
Contested Pre-trial/Contested Omnibus: This is where the defense argues about the admissibility of evidence if appropriate. If no agreement with the state is made then a trial is set.
Trial: Adults may choose a court trial or a jury trial (juveniles are only permitted a court trial). A court trial is where the prosecution and the defense each present evidence to a judge and the judge alone makes a decision. A jury trial is where we pick six or 12 persons jury (depending on what you are charged with), and that group then reaches a verdict.
Post-Trial: If a plea agreement has been made, the judge may impose the sanctions laid out in the plea agreement. If acquitted of the crime, then the defendant has no further obligations to the court. If convicted, sentencing is imposed by the trial judge after consideration of arguments made by both parties.
