Hearing Types

Arraignment

In a criminal case at the Delta City Justice Court, the plaintiff is the City of Delta (which is represented by a city prosecutor), and the defendant is the person being charged with a violation of a state or local law.

When the defendant appears for his or her first hearing before a judge, this hearing is called an arraignment.  The defendant is notified of this hearing either through a court date given by the officer on the citation, being served with a summons, or by receiving a notice by mail from the court.

At this hearing, the court notifies the defendant of his or her rights through a Waiver of Rights form, which the defendant reviews and signs prior to having his or her case called before the judge.

When the case is called by the judge, the defendant is given a copy of the Information.  This is a document that describes the alleged charges against the defendant.

The defendant must enter a plea at the arraignment hearing.  The defendant may enter one of the following pleas:

• Guilty - This indicates to the court that the defendant admits to the charges contained in the information.  At this point, the judge may pronounce the sentence or continue sentencing to another date.
• No Contest - This plea has the same procedural effect as a guilty plea, but rather than admitting guilt, the defendant admits that the prosecutor would likely prevail at trial and that he or she does not want to contest the allegations.
• Not Guilty - This indicates that the defendant does not agree with the charges.  The case will be set for a pre-trial conference.

At the arraignment, the judge will also address the issue of counsel (an attorney).  If the defendant requests a court-appointed attorney (also known as a public defender), the defendant will need to fill out an Affidavit of Indigency (financial affidavit) for the judge to review and determine if the defendant meets the qualifications.  If the prosecutor is not seeking jail time on the case, it is likely that the defendant's request for a public defender will be denied.  If the judge approves the request for a public defender, the defendant may be required at a later point in the case to pay all or at least a portion of the fee for the use of the public defender's services.

Pre-Trial Conference

At a pre-trial conference, the prosecutor meets with the defendant (and defendant's counsel, if applicable) to attempt to negotiate a settlement of the case.  If a settlement is reached, the prosecutor will present the settlement to the judge.  The judge can accept or reject the proposed settlement.

If the case can not be settled at this hearing, the case will be set for a bench or jury trial.