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Initial Appearance:
Once an offender is arrested, he/she goes before a District
Court Commissioner who will determine if the defendant will be
held on a bond, no bond or released pending trial. If a
defendant is released, he/she is usually ordered to have no
contact with the victim(s). If contact should occur, it
should be reported immediately to the police, and the
Victim Witness Assistance Unit.
The victim is not required to appear at this hearing.
Preliminary Hearing:
Between thirty to sixty days after the defendant's initial
appearance, a preliminary hearing is held in District Court to
determine whether there is sufficient evidence (probable cause)
to believe a felony was committed and that the defendant
committed the crime. If probable cause is found, the case will
be sent to the Circuit Court for trial. Usually only the
officer is needed to testify at this hearing.
Charges in Circuit Court:
After the Preliminary Hearing, the State's Attorney's Office
has 30 days to file an "Information" (the charges) with the
Clerk's Office.
Initial Appearance in Circuit Court:
Once the information is filed, the defendant is brought into
court and advised by the judge of the charges against him/her
and of the right to have a lawyer. If any attorney has already
entered his/her appearance on behalf of the defendant, this
hearing will not occur. The victim need not be present for this
hearing.
Trial in Circuit Court:
Once the defendant has had an initial appearance in Circuit
Court, the court then has 180 days in which to schedule a trial
date for the case. It is at this point that the victims
and witnesses will be summonsed to testify before a judge as to
what happened in their case. The defendant will be present
throughout this proceeding.
Sentencing:
If the defendant is found guilty, the judge has the option of
sentencing immediately after the conviction, or the court may
order a Pre-Sentence Investigation (PSI). A PSI is a background
investigation of the defendant that is done through the
department of Parole and Probation and is usually completed
within 6-8 weeks after the trial. If a PSI is ordered, a
separate sentencing date will be announced and the victim will
be notified.
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