a. Preliminary Hearing: If you are entitled to a Preliminary Hearing (PH), you will need to request it within 10 days of your first Hearing. If you do not properly request a PH, it is considered waived. The PH must be held within 30 days of your request, unless the Court grants an extension of time for the hearing. A PH is a hearing where the prosecution presents evidence to establish that there is probable cause that the defendant charged committed the crime charged. If a judge determines there is no probable cause, the case will be dismissed. If a judge determines there is probable case, the case will be “bound over” to a District Court judge. Binding over is the term used when a felony case is transferred to District Court from County Court for further proceedings. 

Only certain cases are eligible for a PH: Any class 1, 2 or 3 felony is eligible, regardless of the specific crime charged. Class 4,5 and 6 felonies are generally not eligible for a PH, unless the crime is a sexual offense, crime of violence, or requires mandatory sentencing. In addition, class 4-6 felonies may be PH eligible if a defendant is in custody.

b. Pre-Trial Conference: If you are not PH eligible, or if you have waived your PH, you may have a Pre-Trial Conference (PTC). A PTC is for your attorney and the prosecuting attorney to discuss the case, including a possible plea deal. This hearing may also be held in District Court after the case is bound over, but the purpose of the PTC remains the same. At the District Court level, this hearing may also be called a dispositional hearing, or may be combined with a dispositional hearing. The purpose of a dispositional hearing is typically for a defendant to accept a plea bargain and enter a guilty plea.

c. Arraignment: Once your case is bound over to District Court, your first hearing is usually the arraignment. An arraignment is the hearing where you are formally advised of the charges against you, your rights as a defendant, and where you will either enter a plea of guilty based on a plea bargain offer or not guilty and the case will be set for a motions hearing and a trial.

d. Motions Hearing: A motions hearing is held to argue any motions filed by either the prosecution or the defense. Motions filed by the prosecution usually involve evidence the prosecution wishes to introduce at trial, while defense motions typically seek to limit evidence introduced at trial. As every case is different, there are many motions that may be filed, or no motions may be filed.

e. Trial: The trial is the portion of the case where the prosecution seeks to prove, beyond a reasonable doubt, that a defendant committed the crimes charged. In felony cases, with very few, if any, exceptions, the trial will be to a jury of 12 people drawn from the district where the Court has jurisdiction. In most felony cases, the jury trial will last more than 1 day.

f. Sentencing: If you are found guilty at trial, or if you have entered a guilty plea at an earlier hearing, you will typically need to return for sentencing. Depending on the type of case and the possible penalties, you may be sentenced to probation, jail, prison, a halfway house, or a combination of these. This hearing is usually held 6-8 weeks after a plea or verdict of guilty, so a defendant can be evaluated for probation, community corrections (halfway house, etc). In some cases, a defendant may be sentenced immediately after a verdict or plea of guilty. Also, some crimes will not allow a defendant to stay out on bond between a guilty plea or verdict and sentencing, causing a defendant to be taken into custody immediately. In other cases, a defendant will be required to obtain a “consent of surety” from the person who posted the bond in their case (usually a licensed bail bondsman).

If such consent is not received by the Court, a defendant will either need to post a new bond, or will remain in custody until sentencing (and beyond if sentenced to jail or prison).