How Criminal Court Cases Flow Within The Court System

Rickey Stokes

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Posted by: RStokes
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Date: Apr 23 2012 4:16 PM

HOUSTON COUNTY:    In America you are presumed innocent until proven guilty in a court of law. At least that is the myth the system projects – innocent until proven guilty in a court of law.

Because of the weekend arrest of a school teacher many have asked what is in the future as to courts. The following is an outline of what is in the future.

ARREST

People are arrested in three ways.: (1) On View by a law enforcement officer (2) on an arrest warrant (3) by a Grand Jury indictment.

In the case of the school teacher the arrest was “on view” by Houston County Sheriff Department.

The defendant ( person arrested ) was transported from the scene to Criminal Investigation Division of Houston County Sheriff Department. Following the investigation and questions of the defendant, victim and witnesses, the defendant was charged with three crimes relating to the same victim.

Law Enforcement Officers do not have the authority to set “no bonds”. In the case of the school teacher the primary investigating officer called District Court Judge Benjamin Lewis to get a no bond.

FIRST APPEARANCE

Cases where the arrest is on view or an arrest warrant begin in District Court.

District Court is a court of no record and the lower of the two courts. The meaning court of no record is the court proceedings are not recorded by a court reporter unless the defendant hires a court report.

Today is a state and federal holiday. First Appearances are usually held through video court monitors with the Judge in the courthouse looking at the persons in custody via a TV monitor.

The first appearance is usually held by District Court Judge Lewis. On holidays the Judges change out some. Today the first appearance was held by Circuit Judge Butch Binford. Judge Binford actually physically went to the Houston County Jail and held the first appearance.

At first appearance Judge Binford instructs the defendants they have a right to a trial, the right to an attorney. If they can not afford an attorney, the defendant is to complete a financial form for the court to appoint an attorney for them.

The appointed attorney is not a free attorney unless the defendant is found not guilty. If the defendant is found guilty costs of the attorney will be assessed against the defendant in fines and court costs.

The defendant has the right to a trial, the right to call witnesses in their defense and the right to cross examine witnesses who testify.

The defendant has the right to make no statements. Any statements made by a defendant can be used against them.

If the defendant is arrested on a felony, they have a right to a Preliminary Hearing. A preliminary hearing has to be requested, in writing, within 30 days of the arrest, unless they are arrested pursuant to a Grand Jury Indictment. If a Preliminary Hearing is not requested within 30 days of the arrest, the defendant waives the preliminary hearing.

A preliminary hearing is a probable cause hearing. This is where the state ( District Attorney ) must prove probable cause – probably a crime was committed and probably the defendant committed the crime. The burden of proof is a low burden to meet in a preliminary hearing.

If the District Court Judge finds probable cause, the case will be bound over to Grand Jury. If the Judge does not find probable cause then the case is dismissed. However, even if District Court dismisses the case the District Attorney can still present the evidence to a Grand Jury.

GRAND JURY

Grand Jury in Houston County meets every two months. In Henry County Grand Jury meets twice a year.

In Alabama, all felony offenses have to go to Grand Jury.

Grand Jury is a secret hearing where at least 18 persons hear evidence on crimes. Normally defendants do not appear in Grand Jury because their attorney can not be present but yet the prosecutor is present. What a defendant says in Grand Jury can be used against them. It is usually not a good idea for defendants to appear before Grand Jury.

Grand Jury is run by the prosecutor.

Grand Jury proceedings are suppose to be secret and no information is suppose to be released on what was said in the Grand Jury room.

Grand Jury can do three things; (1) Issue a no bill – means dismiss the case (2) Issue a true bill – return an indictment (3) Continue the case until the next term of Grand Jury.

INDICTMENTS

Following Grand Jury indictment the case then moves to an Arraignment. The arraignment is before the Circuit Judge, a court of record ( a court reporter is present for all court proceedings in Circuit Court ).

A defendant can sign a form with their attorney and file with the court and not appear in person for arraignment.

The form is called a Waiver of Arraignment and Plea of Not Guilty.

From the arraignment the case is set for trial.

TRIAL

The Judge assigned the case, working in conjunction with the Circuit Clerk and District Attorney, sets the cases for trial.

Normally the Judges work towards defendants who have been sitting in jail in placing them on the docket for trial.

Judges also work towards cases where they are ready for trial. Ready for trial that all evidence has been analyzed and the case is ready to be heard in court.

In Houston County usually 4 or the 5 Circuit Judges hear Criminal Jury cases and 1 of the five hears Civil cases.

In March of this year Judges Anderson, Conaway, Binford and Moulton had 250 criminal cases docketed for Monday through Wednesday. Judge Mendheim had Civil Jury Trials during the week of jury trials.

Why docket 250 cases? Some are disposed of by defendants pleading guilty, some could be dismissed, some get pre-trial diversion and some go to trial. Some cases are continued for witness issues, evidence issues or other reasons. Some are continued just because they are unreached.

Criminal Jury trial dockets are Monday, Tuesday and Wednesday. If the case on Monday, the first case on the docket, goes to trial and it takes four days to present the case, no other cases are able to be tried by that Judge.

That will cause all cases on the docket that have announced trial to be continued until the next court term.

IN CLOSING

While this is brief it will give you an idea of how criminal cases flow within the court system.

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