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The following is a brief description of your options after you receive a civil traffic complaint and the steps involved in the various court processes. Your traffic complaint has a check box to the right of the violation description.


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After sentencing, your representation by the Public Defender is concluded. We hope the following overview helps you as your case moves through the criminal justice system.

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In that case, the court must give you an opportunity to withdraw from the plea agreement and request asment to another division. Contact your attorney and keep your address and phone information updated. Trial Prior to trial, you and your attorney will have spent some time together discussing the case presentation. A preliminary hearing will be set no later than 10 days out for in-custody defendants, and not later than 20 days following the initial appearance if not in custody.

Prior to sentencing, the client should get character references from friends and family and submit them to the attorney. Our support staff speak Spanish as do many of our attorneys. If time permits, the State will present its case, followed by the defense presentation. See Pre-sentence Reports. You may testify or choose not to. If there is no agreement for a particular sentence, your attorney may ask for a mitigation hearing.

Conditions of Release Hearing for incarcerated defendants Prior to the COR hearing, a Pretrial Services Officer from the Adult Probation Department will visit you to ask questions Yuma only free trial length of residence in Yuma County, where and with whom you will reside, employment, and contact information.

You can hurt your case, and jeopardize your liberty. Either way, show respect to the court.

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If you attempt to talk to the court, the judge will direct you to talk with your attorney. If you are in custody, you will be wearing jail clothes. The following is a general overview of the hearings that occur in a felony case. Failure to appear in court will usually result in a bench warrant for your arrest.

After conferring with the attorney, the probationer may choose to go to hearing, or to admit the violation. Change of Plea Your plea agreement will have been thoroughly reviewed with you by your attorney prior to the hearing. Commission of an additional offense while on pre-conviction release can subject you to additional prison time, in addition to revocation of your release. You also decide whether to testify or not testify at trial.

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The dress code is posted on the division doors. The court sets a Probation Violation Conference within 7 days of the initial appearance or service of summons and a Probation Violation Hearing within 20 days of the initial appearance or service of summons.

Even if there is a stipulation as to sentencing in a plea agreement, the judge can reject the agreement. Failure to report to Pre-Trial Release appointments may result in revocation of your release. You may want to review any paperwork the Probation Department has requested to be completed with your attorney. If there are no discovery issues, then the Case Management Conference may be continued or set for a Final Management Conference or status hearing prior to a Change of Plea or Trial Setting.

Let your attorney do the talking in court.

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Your attorney can provide Guidelines in English or Spanish for reference letters. Sentencing If you enter a plea of guilty or are found guilty at trial, at sentencing the court may announce its sentencing inclination—the punishment for the offense. Be sure to check your mail for court notices and legal documents, and read them carefully.

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If that happens, the case will generally be re-tried before a new jury. Trial Setting The trial will be set by the division judge. Judges, jurors, and prosecutors do notice what you wear; so dress appropriately and in good taste.

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Whether you are in custody or out on bond or pretrial release, you should know that most felony cases do not resolve quickly, and most result in plea agreements to lesser charges, or dismissal far less frequently. Pre-sentence Reports Prior to sentencing, the court will request Probation to conduct a pre-sentence interview with you for the purpose of making a recommendation to the court.

In most cases, the judge will follow the plea agreement but there are no guarantees. The probationer makes an initial appearance and is advised of the right to counsel, and the allegations in the Petition to Revoke.

Both you and your attorney work together to resolve the case in a manner most beneficial to you.

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An indigency examination will determine qualification for appointment of counsel. Understanding what lies ahead may help in communications with your attorney, and provide friends and family members a general idea of how criminal cases move through the system. Your charges are automatically reinstated and the process starts anew. After closing arguments, the jury will retire to deliberate on a verdict. Attorney visits to the Detention Facility The attorney ased your case will generally visit you after your arraignment and before your Conditions of Release hearing. For clients not in jail, or who are subsequently released, keep your contact information current.

If you are released, obey all laws, and if on Pre-Trial Release supervision, abide by conditions of release.

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Your attorney may need additional information in the possession of the prosecutor, may need to interview witnesses, or may need to further research and investigate. At that time, the next hearing is set for Case Management Conference, and for a Conditions of Release hearing if release is available—some defendants may have holds pending warrants in other jurisdictions or for other reasons are not eligible for release. When your attorney needs to interview your witnesses, an investigator from our office will contact them.

Case Management Conference This is a status hearing before the judge hearing the case, where the defense attorney and the state attorney inform the court as to what is happening with the case. Discovery Master Cases are referred to the Discovery Master for the purpose of resolving discovery disputes or for settlement conferences. Be on time for court appearances and keep your office visit appointments. If you write a letter to the judge, it will usually be returned to your attorney, unread. Sometimes the factual basis is written into the Yuma only free trial agreement.

After your plea is accepted, the court will set a date for sentencing, and if out of custody, you will be instructed to report to Probation to set an interview with a Probation Officer for a pre-sentence report. If the verdict is guilty, a sentencing date will be set by the court. The judge will issue orders regarding the trial dates and what documents must be filed.

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It is your responsibility to communicate with your attorney and assist in your case as much as possible. By that time, your attorney usually has the police reports and sometimes the COR report done by Pretrial Services. Final Trial Management Conference The court determines if the parties are ready to proceed to trial and ensures that any pretrial motion hearings are set. Do not chew gum, make faces, or wear hats, shorts, revealing blouses or tops. Do not contact a victim. If you call in after hours a.

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The first day of trial, jury selection will commence. You will be asked by the court if you agree with those facts and if so, the court will accept your plea of guilty or no contest. The preliminary hearing date is vacated. Be sure to talk to your attorney before meeting with them. If counsel is appointed, the probationer enters a denial to the allegations.

Make notes on your police reports, and discuss the facts with your attorney.

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These Guidelines will provide information as to what to include in a letter. Please furnish contact information to your attorney for persons you want present at your release hearing. Friends, family, strangers, and particularly the police, are not going to be of legal help unless they are witnesses for the defense.

Arraignment A Public Defender will be present at the arraignment to enter a not guilty plea for each defendant to whom our office has been appointed. A date will be set for Arraignment on the charges. If the probationer goes to hearing, the violation s must be established by a preponderance of the evidence. If you talk with anyone other than your attorney about your case, the prosecutor may request that person to testify against you, even if they do not wish to testify. If there are discovery issues, the court may transfer the case to the Discovery Master.

Sometimes, for legal reasons, a mistrial occurs. Bring your police report with your notes to the visit. Do not communicate about your case except with your attorney.

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In some cases, mental health evaluations are requested. Once the requested disclosure has been provided or a settlement conference has been conducted, or a change of plea held, the case will be transferred back to the trial court division for trial setting or a change of plea. A no-contact order means no contact—not through third parties or by any means. Before any admission, the court will determine that the probationer understands the nature of the violation, right to counsel, right to cross examine witnesses, and present evidence in his behalf.

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When you come to court, consider your appearance. The information should be included in a report and recommendation to the Judge as to whether bond or pretrial services supervision is appropriate. Grand jurors will meet and determine whether to indict based on the facts of the case and the instructions on law.

So get involved with your case. Your attorney and the prosecutor will estimate the of days it will take to try the case and the judge will set dates for the Final Trial Management Conference and the trial dates. After the court determines that you understand your constitutional rights, and know that by entering your plea of guilty or no contest you will be giving up those rights, the court will ask for the factual basis supporting your plea.

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If the verdict is not guilty, you are free to leave. If you write a letter to the prosecutor, that information may be used against you. If a new felony offense is committed while on probation, the probationer will be arrested, and generally held until the matters are resolved.

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Bond will be set or release may be on recognizance, to Pretrial Services supervision, to a third party, or a combination. Those who are either in custody or taken into custody are interviewed at the jail by the Probation Officer for a pre-sentence report.