Initial Hearing
Historically, this hearing was your ‘arraignment’. At a first hearing, you should expect:
- A copy of the charges filed.
- A written or an oral advisement of your constitutional rights.
- Entry of a plea: ‘Not Guilty’.
- Scheduling of other court dates.
Pre-Trial Conference
A misnomer, there is no ‘trial’ at the pre-trial. Do not be alarmed or worried, this is a simple hearing designed for organization and scheduling. You should expect
- A first plea bargain offer by the State of Indiana or Government.
- Court verification of ‘discovery’, i.e. an exchange by the parties of witness & exhibits lists, copies of photos, videos, diagrams, or the opportunity to view evidentiary items.
- Further scheduling by the Court of legal motions to be filed, jury trial dates and further pre-trial conferences if necessary.
Depositions
Depositions can be a real key to success in your case. A deposition is a legal process whereby a witness is required to make an appearance before a trial and give testimony under oath. For purposes of your case, this does 3 important things:
- It allows your attorney to test and clarify the strength of the State’s case by asking questions of the witnesses against you.
- It “locks” in the testimony of the particular witness so that any changes or different testimony at another time can be used to attack the witness.
- It acts as a mini-trial preview and can lead to a better settlement.
Jury Trial
The trial by jury is the cornerstone of our American Judicial System. Studies show that juries find people ‘NOT GUILTY’ about 20% more often than judges. Jury trials take time and patience and require a large investment of society resources including time from the Court, the prosecutor, and citizens who make up the jury. At the jury trial, you should expect:
- Voir Dire or jury selection-the parties select who will hear the case.
- Opening Statements-a preview to the selected jury of what the case will entail.
- Witnesses called first by the State and then the defense to present both sides of the story along with exhibits in some cases.
- Closing Arguments-your lawyer attempts to persuade the jury to your side.
- Deliberations-the jury retires to the jury room, selects a foreperson, and discusses the case with an eye toward a verdict.
- Verdict-Typically ‘Guilty’ or ‘Not Guilty’, in some cases there is a ‘hung jury’ – a jury that could not decide.
Post Conviction or Appeal
If you have pled guilty or been convicted by jury, and, there is a mistake in either the facts, the law, or in the performance of the judge, the prosecutor, or your attorney, then a petition for Appeal or post-conviction relief can challenge these mistakes and in some cases, get you a new trial, or reverse an erroneous conviction.