The court process isn’t designed for the average person to know everything about. That’s why lawyers have to go to school for so many years and take a huge exam in order to even practice law! But, for victims of crime, that can mean the experience is confusing, especially when they find out how many steps there are in the process. From all the steps to all the acronyms, victims often find themselves scared, confused and even agitated in how long the process actually takes. We’ve put together this guide to help you learn a bit more about the steps in the court process!
*This guide does NOT count as legal advice. If interested in legal advice, please contact a private practice attorney.*
At-a-Glance
Misdemeanors
Misdemeanors are cases that occur solely in Juvenile & Domestic Relations Court or General District Court. If the offender or victim is a juvenile, or the victim is married to the offender, lived with them in an intimate capacity within the last year or have a child in common, then the case will occur in JDR court. Misdemeanors typically start out with an arraignment, where an offender pleads guilty or not guilty to the charges, and they indicate whether they want a court appointed attorney or are hiring one. Then, after the arraignment the case is set for trial. A bond hearing might happen between the arraignment and trial if the defendant didn’t receive one immediately after being processed at the jail. Misdemeanors tend to move pretty quickly in the system, barring any unavailable witnesses, restitution payments or medical issues.
However, it’s important to note that misdemeanors carry a maximum sentence of 12 months (1 year) in a local jail. Offenders who don’t get in trouble in jail will serve 85% of their time, minus any time already served prior to sentencing. Any probation they might be on will be unsupervised, meaning there won’t be a probation officer checking in on them.
Additionally, if a defendant appeals their conviction in lower court, then the case will go up to Circuit, and the process starts all over again.
Felonies
Felonies take much longer than misdemeanors, and that’s because they typically go through two courts. At first, it might seem like the case is happening similar to a misdemeanor, especially if you’re subpoenaed to testify in the preliminary hearing, which can seem like a trial. Witnesses are sworn in, asked questions and attorneys make arguments. However, unlike a trial, the preliminary hearing isn’t about innocence or guilt. It’s simply about whether or not the case has enough cause to be heard in Circuit Court. It’s simply an opportunity for the defense to hear the current evidence the Commonwealth has against them. While it can seem like an inconvenience to have to testify twice (once at the preliminary hearing and once at the trial), it’s all part of the larger criminal justice system. Many defendants will do what we call a ‘waiver,’ where they agree that the Commonwealth has evidence against them for purposes of a preliminary hearing (remember, not saying they’re guilty, simply saying there’s enough reason for the case to be heard in Circuit Court), and they sign a form saying so. No one has to testify, but sometimes defendants wait until the last possible moment to say they waive their right to a preliminary hearing. That usually means all the witnesses and victims have appeared in court and potentially waited hours, just to find out the defendant is choosing not to have the hearing after all.
After the preliminary hearing, the case goes to Circuit Court, where the whole process starts over again. The defendant is arraigned after being appointed an attorney or hiring one, and then a trial is set. There are two different possible trial types: judge or jury. It’s important to note that whoever requests the jury, gets it. That can make the process longer because there are specific days of the week set for jury trials, as they typically take multiple days.
By the time a felony case gets to trial, it can be anywhere from 6 months after the defendant’s arrested to 5 years. In fact, some cases go even longer. This is especially for cases where the defendant doesn’t appear in court, there’s extensive evidence (such as in homicide or sexual assault cases) or unavailable witnesses and medical issues.
Felonies come with a variety of sentences - some defendants will receive supervised probation and no incarceration, and others can receive up to life in prison. It all depends on what they’re charged with, if they’re offered a plea or if there’s a mandatory minimum for the crime they’re charged with. Most felony sentences involve supervised probation, where a probation officer is checking in with the defendant to ensure they’re doing all the things the court has asked them to do. Whether that's to pay restitution, stay away from drugs or pay their court costs, a probation officer reports to the court if the defendant doesn’t do what they’re supposed to do.
Final Thoughts
Even though criminal court cases can take time, as advocates we want to remind victims and witnesses that we are here for you. We’ll keep you updated every step of the way. While it’s overwhelming, our job is to guide you through it. For more information, check out our informational brochure.