What is an Arraignment?
The arraignment is the first step in your criminal case. Your Arraignment will be held over Zoom. You will review your charge(s) with the assigned arraignment attorney. Your assigned arraignment attorney will explain to you all of your available options. You and your assigned arraignment attorney will execute the best available option. Typically, the District Court will schedule another hearing date for you, and your case will proceed. Less often, however, if you choose that it is in your best interest to enter a guilty plea, you will either be sentenced at arraignment, or the District Court will schedule you for a sentencing hearing.
What is a Probable Cause Conference?
After your arraignment, if you are charged with a felony, the District Court will schedule you for a probable cause conference. The purpose of this conference is to allow you and your assigned attorney to review the police report, any negotiated offers from the Prosecutor’s Office, and determine whether it is in your best interests to proceed with a probable cause hearing, otherwise known as a preliminary examination. The probable cause conference is typically held via Zoom. You may hear your attorney refer to the Probable Cause Conference as a PCC.
What is a Preliminary Examination?
In a felony case, after the probable cause conference, you may decide that it is in your best interests to proceed to a preliminary examination. A preliminary examination is not a trial, and you will not have the benefit of a complete “Discovery Packet.” Additionally, at the preliminary examination, the Judge will only be allowed to consider two questions. First, is there probable cause to believe a crime was committed? Second, is there probable cause to believe that the defendant committed the alleged crime? If the Judge decides that there is probable cause to believe a crime was committed and the defendant committed that crime, your case will be transferred, or “bound over,” to Circuit Court, where your case will proceed to a pretrial conference. If you decide that it is in your best interests to waive the preliminary examination, your case will be bound over to Circuit Court, and your case will proceed to a pretrial conference.
What is a Pretrial Conference?
After your arraignment, if you are charged with a misdemeanor, the District Court will typically schedule your case for a pretrial conference. The purpose of the pretrial conference is to allow you and your assigned attorney to review the police report, all discovery, any negotiated offers from the Prosecutor’s Office, and determine whether it is in your best interests to proceed to a jury trial, a bench trial, or a negotiated settlement with the Prosecutor’s Office. Pretrial conferences are typically conducted via Zoom. If you are charged with a felony and bound over, the Circuit Court will schedule a pretrial conference for your case. The purpose of the Circuit Court pretrial conference is to allow you and your assigned attorney to review the police report, all discovery, any negotiated offers from the Prosecutor’s Office, and determine whether it is in your best interests to proceed to a jury trial, a bench trial, or a negotiated settlement with the Prosecutor’s Office. You typically must appear in person for Circuit Court pretrial conferences.
