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“Helping The Courts Serve The People”
Linda Priest, Clerk of Court
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Frequently Asked Questions
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Q.
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What
should I do before I go to court?
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A.
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If
you have children, find a babysitter.
Plan to stay at least three hours. The courtroom will be crowded and it
may be a while before the judge listens to your case.
Dress appropriately. If you dress inappropriately, you may be asked to
leave the courtroom.
If you have an attorney, talk with your attorney in advance. The more
your attorney understands about your case, the more he/she can help
you.
Find out in which courtroom
your case will be heard prior
to your court date, not the morning of court. If you received a
citation to come to court, the date, courtroom and time of court will
be indicated on that document.
Or, you can find this information on the link to your left or
contact your lawyer, if you have on.
Bring all of the papers you have about your case to court.
If you have any witnesses who can tell the court what they saw or heard
concerning your charges, you may wish to bring them with you. Make sure
that they also dress appropriately.
Bring a pencil and paper to court with you. You may need to take notes
about your case or write down court dates. It is your responsibility
to know when to return to court if your case is continued (or
postponed) until another date.
If you need additional time to discuss your case with your attorney, or
to bring enough money
for costs and fines, or to bring witnesses to the court on your
behalf, you may ask for a continuance. (In other words, you may ask the
court to delay your court date to another day). However, the court usually
allows a continuance only if there are very special circumstances. You
therefore should be prepared to handle your case on your first court
date.
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Q.
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What
should I do when I am in court?
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A.
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Arrive
at the courthouse early, allow adequate time to find a parking place
and go through courthouse security. When you enter the courtroom take a
seat in the audience. Do not talk in the courtroom.
When court starts, listen for your name to be called. Your name may be
mispronounced so listen closely. When your name is called answer in the
way the district attorney will instruct you to answer, speak loudly and
clearly. If your name is called and you do not answer, it is the same
as not being there. If your name is not called, notify the person who
is calling the names in the courtroom at the first recess or break. You
may be in the wrong courtroom.
If you get to court late, stay in the courtroom. The assistant district
attorney will call names a second time after court starts. If you are
late and your name is not called then stay in the courtroom until the
next break or recess and let the person who is calling the names know
that you are there. This does not mean that the judge will listen to
your case.
After the judge hears your case and has reached a decision, make sure
that you understand what the judge’s decision is. If you have any
questions, ask the judge before you leave the courtroom.
If the judge says that you are guilty, then you need to have cash
to pay your fine and the costs of court. You will be instructed in the
courtroom where to pay your fine. If you are permitted to pay in
installments, make sure that you have your case number with you
each time that you come to make a payment. Keep all of your receipts
for payment!
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Q.
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What
happens when I stand before the judge?
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A.
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There
are three types of offenses with which you might be charged:
Infractions: An infraction may carry a maximum of $100 as the
penalty plus court costs. You cannot be sentenced to serve time in
prison for an infraction.
Misdemeanors: A misdemeanor may require the payment of monies to
include a fine and court costs
and/or a sentence of imprisonment.
Felonies: A felony may require the payment of monies to include
a fine and court costs and/or a sentence of imprisonment.
When you stand before the judge in court, the assistant district
attorney will read the charges that have been made against you. You
will be asked how you plead to your charges.
You may plead in three different ways:
You may say that you are “Not guilty,” which means that you deny
the charges against you or you want a trial.
You may say that you are “Guilty,” which means that you admit
that the charges are true.
You may say “No Contest”, which means that you are not going to
plead guilty, but you are willing to be sentenced as you would be if
you were found guilty.
If you say “Guilty” or “No contest” to a misdemeanor you
will receive your punishment by the court that day.
If the charge against you is a felony, the District Court judge
will give you another day to return to court unless your charge
is reduced to a misdemeanor. If the charge remain a felony, you are
subject to being indicted by a Grand Jury and your case transferred to
the Superior Court for a plea before a Superior Court Judge or a trial
by a jury if pleading Not Guilty.
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Q.
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What
will my punishment be?
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A.
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Your
sentence or punishment could be any one of the following, or some
combination of the following:
- a fine and court costs;
or
- probation, a suspended
sentence (which means going to jail if you violate the rules of
your probation), community service and if necessary, restitution to the
victim, as well as other court ordered fees; or
- an active sentence,
which means that you must go to jail for a specific amount of time
set by the judge.
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Q.
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What
are my rights?
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A.
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Anyone
charged with a misdemeanor or felony has certain legal rights.
You have the right to remain silent. You do not have to say anything
about the facts of your case. If you do, your statements can be used
against you during your trial.
You have the right to hire an attorney to be present with you. If you
cannot afford an attorney, the court will consider whether you qualify
for a court appointed attorney. This is not a free attorney. If you
plead guilty or are found guilty, you will be ordered to pay the attorney’s
fee. If you plan to ask the court to appoint you an attorney, you
should tell the judge in open court on your court date.
You have the right to appeal the judge’s decision. If, after you have
been found guilty, you wish to have a jury trial, you must tell the
judge within ten days that you wish to appeal his/her decision. A jury
trial is when 12 people hear the evidence of your case and decide
whether you are guilty. District Court does not have jury trials. If
you are charged with a misdemeanor or an infraction, the judge will
decide your case. If, after your case has been heard in District Court,
you appeal to Superior Court, you will have a jury trial.
You have the right to bail. Bail is the amount of money you must pay in
order to be released from jail prior to trial. The judge may place
other conditions on your pre-trial release. You must follow the
conditions that the judge gives you in order to stay out of jail. If
you do not follow his/her conditions, then you will be put back in
jail.
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Q.
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What
happens if I do not go to court?
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A.
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If
you do not go to court on the date that you are supposed to, then an
Order for Arrest may be issued on that day. If you miss court, then
follow the instructions listed under Missed Your Court Date..
Asking for a new court date does not mean that you will get it. It is
your responsibility to arrive at court on your court date and to arrive
at court on time. You should also be aware that your failure to appear
in court might result in the revocation of your drivers license.
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