Crime & Traffic

The first thing that will happen after you are arrested and accused of a crime is that your bond will be set. For some crimes, there is a set bond amount. For other crimes, the bond is decided by a judge in a court hearing When the parties in a case present their sides of a case to a judge or other officer , called bond court.

If you can pay the bond amount, or are given a non-cash bond (such as an I-Bond), you will be set free on bond until your next court date. If you cannot pay the bond amount, or if bond is denied, you will be held in the county jail until the next court date.

For felony A serious crime that is punishable by more than one year in prison matters, the next court date following the bond hearing When the parties in a case present their sides of a case to a judge or other officer is usually the preliminary hearing. There, the judge will decide if there is enough evidence Anything used to show that something is true against you to move forward with the felony case. 

However, sometimes a grand jury A group of 16 to 23 citizens who decide if there is probable cause to believe someone committed a crime hearing is held instead. A grand jury is a group of citizens, like a trial When the issues of a case are heard in court and decided by a judge or jury jury. They decide whether to issue an indictment (formal charge) against you. A grand jury proceeding is secret, meaning neither you nor your lawyer Someone who represents clients in courts or who gives legal advice is allowed to be in the courtroom while it is taking place. You will find out afterwards if a trial will take place.

If you are being held at a county jail, the hearing or a grand jury must take place within 30 days of your arrest. If you are out on bond, the hearing must take place within 60 days. The only exceptions are if you created the delay, agreed to a continuance When the judge gives additional preparation time before or during a trial , or are not competent for trial because of mental illness.

If the judge or grand jury A group of 16 to 23 citizens who decide if there is probable cause to believe someone committed a crime decides the case against you should move forward, an arraignment comes next. In the arraignment, the charges against you will be read out loud. You will have the opportunity to officially state (plea A person's formal answer of guilty, not guilty, or no contest to the charges against them ) that you are guilty or not guilty. 

The judge will also ask if you can afford a lawyer Someone who represents clients in courts or who gives legal advice if one is not with you in court. A Public Defender A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer may be appointed if you qualify. The State’s Attorney may also give your lawyer discovery When parties exchange and gather information about each other's cases before the case goes to trial (such as police reports) at the arraignment. Your attorney should move for and receive all evidence Anything used to show that something is true the State plans to use against you at trial When the issues of a case are heard in court and decided by a judge or jury . Your lawyer is there to help you in your criminal case, but it is your decision whether you plead guilty or not guilty.

Finally, if you plead not guilty and go to trial When the issues of a case are heard in court and decided by a judge or jury , your trial will begin. You can decide whether you want a jury trial A trial decided by a judge and a jury or if you want the judge to decide your case without a jury. 

During the trial, both sides will have the opportunity to call witnesses to testify To answer questions under oath and present evidence Anything used to show that something is true to the judge or the jury. You will also have the opportunity to testify on your own behalf. You do not have to testify. Your lawyer Someone who represents clients in courts or who gives legal advice will advise you what the best choice is in your particular situation. However, in the end this is your decision as well.

Generally, you can settle To resolve a case before finishing a trial your criminal case without going to trial When the issues of a case are heard in court and decided by a judge or jury . This is called a plea A person's formal answer of guilty, not guilty, or no contest to the charges against them bargain. There are also limited opportunities for deferred prosecution or alternative dispositions of the criminal case where the charges may be dismissed Cases dismissed with no further action anticipated. if you qualify and agree to the terms. 

Your lawyer Someone who represents clients in courts or who gives legal advice will speak to the State’s Attorney and the judge about getting the best possible result of your case without trial. The decision to accept a plea offer is entirely up to you.