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Criminal
- Filing of the Case
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- All criminal cases will be given an arraignment
date at which time the attorney may waive arraignment and make official appearance in the case in writing prior to the arraignment
date and need not be present. If arraignment is not waived and
no attorney is officially of record in the case, the Defendant needs
to be present with his attorney if he has one.
- At the same time the notices are sent on the
arraignment date, there will also be notice as to a pre-trial date
and a trial week. The cases will be distinguished by jail
cases and non-jail cases as of the time of the indictment. The
pre-trial also serves as a docket call. All pre-trial motions
should be filed within ten (10) days of pre-trial, unless good cause
is shown. Anyone who files motion must give a copy
to opposing counsel.
- The State and Defense Counsel must be present at
the pre-trial/docket call along with the Defendant.
- All attorneys are required to make announcement
at the pre-trial/docket call on the cases where they have made appearance.
- No attorney will be allowed to withdraw from a
case without there first being at the hearing to determine the
reason and if the motion is granted so the Defendant can fully be
advised of his rights.
- Anyone who wishes the Court to consider probation, if the
Court is to assess punishment, is encouraged to
have his client report to the Probation Department at least two
weeks prior to the hearing date and then to return for a follow-up
interview on the date of the hearing, however, should your client
desire not to answer any of the questions until after the plea of
guilty has been entered you may then make application with the Probation
Department on the date that the plea has been entered and
after he has been found guilty and punishment will be reset
approximately two weeks from that date.
- No plea negotiations will be recognized by any
of the Courts - you are encouraged to read and familiarize yourself
with the procedure adopted by the Courts in a written Order dated
September 28, 1976, on file with the District Clerk's Office.
- No cases will be continued without a written
motion for continuance, unless the attorneys for both sides agree to
a continuance and then only upon receiving a resetting date from the
Court Coordinator or the Court.
- Examination of the witnesses should normally be
made from counsel table. If the witness is to be examined
about certain physical evidence, the counsel may approach the
witness upon asking and receiving permission from the Court -
alternatively, the witness may be examined from the lectern if
counsel so desires.
- No physical evidence is to be handed to the Jury
or picked up from the Jury except by the Bailiff. No attorney
is to hand anything to the Jury - he may ask permission of the Court
to allow the Jury to see the evidence and then hand it to the Bailiff for presentment to the
Jury - if evidence tables are
provided in the court room then all exhibits admitted into evidence
should be deposited on the table and remain there except when needed
for purposes of examination of a witness.
- Jury arguments are to be conducted from the
lectern and the attorney should refrain from walking about in front
of the Jury and sitting on tables, etc.
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Procedures
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