What to Expect in Court
Facing a criminal charge can feel overwhelming. Here’s what to expect in court — and how your Public Defender will guide you through each step.
Quick Guide: What to Expect in Court
Arraignment
(First Court Date)
- A Public Defender is with you.
- The judge sets bond (bail and any conditions).
- Your lawyer usually enters a Not Guilty plea for you.
- You’ll leave with paperwork for your next court date.
If Misdemeanor
- Next step: Pretrial Conference.
- Decide whether to accept a plea or go to trial.
- If you plead guilty, the judge confirms your choice before sentencing.
- If you go to trial, a jury of 6 (or the judge) decides.
If Felony
- Next steps: PCC → Preliminary Exam → Circuit Court.
- The case can resolve by plea or proceed to trial.
- At trial, a jury of 12 (or the judge) decides the verdict.
Sentencing
- If you plead or are found guilty, probation prepares a report for the judge.
- The judge hears from you, your lawyer, the prosecutor, and any victims.
- The judge then announces the sentence.
What to Expect in Court – Detailed
Arraignment
(First Court Date)
- This is your first appearance in court.
- A Public Defender will be there with you.
- Before court, your lawyer will:
- Get your contact and background info.
- Explain your charges and possible penalties.
- Go over your rights.
- Talk with you about bond (bail).
- In court, your lawyer usually enters a Not Guilty plea for you.
- The judge sets your bond (amount and conditions, like no drugs/alcohol or no contact with a victim) based on things like the seriousness of the charge, your record, and ties to the community.
- You’ll leave with paperwork for your next court date.
- In some very minor cases, your lawyer may be able to resolve your case that same day.
After Arraignment
(Misdemeanors)
- Your next hearing is a Pretrial Conference.
- Before that, your lawyer will review police reports and evidence, and talk to the prosecutor about possible plea deals.
- At Pretrial, you and your lawyer decide:
- Accept a plea, or
- Go to trial (jury or judge).
- If you plead guilty, the judge will ask you questions to make sure it’s your free choice and that you understand your rights.
- If you go to trial, the process includes jury selection, witnesses, evidence, closing arguments, and a verdict.
- If found guilty (or if you plead), the judge may order a Presentence Report by probation before sentencing.
- At sentencing, you, your lawyer, the prosecutor, probation, and any victims may speak before the judge gives the sentence.
After Arraignment
(Felonies)
- Two hearings are scheduled in District Court:
- Probable Cause Conference (PCC): A check-in to discuss evidence, plea offers, or next steps.
- Preliminary Examination: The prosecutor must show enough evidence to move the case forward. You can also waive this step and go straight to Circuit Court.
- Once in Circuit Court:
- You will have another arraignment (can be waived by form).
- The court holds Pretrial Conferences to see if the case can be resolved by plea.
- If no plea, the case goes to Jury Trial with 12 jurors.
- If you plead guilty or are found guilty:
- A Pre-sentence Investigation Report (PSI) is prepared by probation with your background, history, and sentencing guideline scoring. This report gives the judge background information and recommendations before sentencing.
- At Sentencing, you, your lawyer, the prosecutor, probation, and any victims may speak. The judge then gives the sentence.
Key Takeaways
- A Public Defender is with you from your first court date onward.
- You always have the right to discuss plea offers or go to trial.
- Sentencing usually comes after either a plea or a guilty verdict, and the judge makes the final decision.
