Upon the Grand Jury returning an Indictment or a Magistrate binding over of an Information, the defendant shall forthwith be arraigned in the District Court and shall consist of the reading of the Indictment or Information to the defendant or stating the substance of the charge and asking a plea of guilty or not guilty.
The prosecutor is required to disclose to the defense upon request material or information to include written or recorded statements of the defendant or codefendant, criminal record of the defendant, physical evidence seized from the defendant or codefendant, evidence known to the prosecutor that tends to negate the guilt of the accused, mitigate the guilt of the defendant, or mitigate the degree of the offense for reduced punishment, and any other item of evidence which the court determines on good cause shown should be made available to the defendant in order for the defendant to adequately prepare their defense.
All federal offenses punishable by death or imprisonment for more than a year is commenced by the filing of an Indictment with the Grand Jury, and shall contain plain, concise, and definite written statement of the essential facts constituting an offense charged.
All state felony and class A misdemeanor criminal prosecution is commenced by the filing of an Information with a Judge to determine Probable Cause, and shall contain or be accompanied by a statement of facts sufficient to support probable cause for the charged offense or offenses.
A Judge who presides over the case through preliminary examination in felony and class A misdemeanors. If from the evidence presented, a magistrate finds probable cause to believe that the crime charged has been committed, and that the defendant has committed it, the magistrate shall order that the defendant be bound over to answer in the District Court before a District Court Judge.
A written or oral request to the Judge to make a specified ruling or order, including a request for discovery, to suppress evidence, to severe or for severance of charges, to dismiss on grounds of double jeopardy, to challenge jurisdiction, and/or reduction of criminal offense.
Presentence Investigation Reports
After a guilty plea or a no contest plea by the defendant, or a conviction by a Jury after trial, a report ordered by the Court to be prepared by the Department of Corrections that provides criminal history, nature and facts of the offense, and defendants statement, to assist the Judge in determining an appropriate sentence.
A victim’s request for pecuniary damages, and/or a specific monetary amount and may include an accumulating amount due to continuing medical expenses and may result in a Restitution Hearing if the parties disagree about the restitution amount.
Upon the filing of an Information, the Court shall issue a summons, informing the defendant of the date and time for the initial appearance or arraignment, unless the Court finds from the Information and any supporting statement or affidavits a warrant should be issued.
Upon the filing of an Information, the Court may find from the Information and any supporting statement or affidavits a warrant should be issued in lieu of a summons. Upon the filing of an Indictment, the Court shall issue a warrant unless a Summons is requested by the Government.