Nobody likes to go to court, especially if they are the one on trial. Criminal defendants who have a scheduled court appearance may feel apprehension and uncertainty, even if it’s a routine hearing. Knowing what to expect can make the process go more smoothly and prepare you for future proceedings.
If you or a loved one have been charged with a crime, we understand the anxiety you are experiencing. Let The Law Offices of Johnson & Johnson work with you each step along the way for the most positive outcome.
Understand the Court Appearance
There are different types of criminal court appearances in Contra Costa County. It’s important to have a general idea of what the purpose of your hearing is. These are just a few to know about:
- Arraignment: This is the first formal court appearance that follows a suspect’s arrest. The judge reads the charges that the district attorney has filed against you, and you have the chance to enter a plea (with guilty, not guilty, and nolo contendere or “no contest” being among the most common).
- Bail hearing: At a bail hearing, the defendant has the chance to ask the court to do one of two things. First, the defendant can ask the court to reduce the bail. But also, the defendant may request that the judge eliminate the bail and release the defendant on a promise to return for a later court date.
- Motions: Throughout the process the state and the defendant may file various motions related to discovery, evidence, and more. Your Contra Costa County defense attorney will explain the purposes of these motions as they arise.
- Trial: The criminal trial, of course, is where the criminal charges in your case (and whether you are found guilty or not guilty) are handled. The state and the defense will have the chance to present their evidence and witnesses, but it’s possible to negotiate a plea bargain to avoid a trial.
- Sentencing hearing: If you plead guilty or no contest at your arraignment, or you plead not guilty but are later tried and convicted, you will have a separate sentencing hearing. At this stage the judge will determine the appropriate sentence and consider mitigating or aggravating circumstances.
Know Your Charges
Before any court appearances, especially your arraignment and trial, you need to understand the charges that have been filed against you. This will help you understand how to plead, what sort of evidence the state must present, and the possible results of your trial. Talk to your Contra Costa County criminal defense attorney about:
- The names of the charge(s) against you
- Which criminal statutes the charges are based on
- The elements that the prosecution must prove
- Any defenses you can raise
- The evidence the state has or may have against you
- The evidence that you can present in your defense
- Possible legal penalties such as prison, fines, or probation
Respect the Court and Protect Your Rights
Whether you committed the crime or not, it is imperative that you be respectful of the court, the judge, and the court staff at all times. To that end, be sure you:
- Dress professionally (e.g. suit and tie)
- Arrive on time
- Only speak if your lawyer or the judge prompts you
- Stay calm and respectful
- Do not argue with the judge or prosecutor
As a general matter, you are entitled to remain silent, although in some cases the judge may ask you a question directly. Defer to your Contra Costa County attorney about how to answer any such questions, and otherwise allow your attorney to speak for you. Speaking on your own behalf, disrupting or disrespecting the court, or discussing your case with anyone besides your attorney could severely jeopardize your legal rights.
The Most Important Way to Prepare: Hire a Seasoned Criminal Defense Attorney
If you haven’t by now, you should hire a knowledgeable criminal defense lawyer who can advise you concerning all court hearings and how to prepare for each one. Contact the Contra Costa County firm of The Law Offices of Johnson & Johnson. We can schedule your consultation today.