Scott County, Indiana

Initial Hearing:

The Initial Appearance is your first step in the criminal justice system. At this appearance you will be:

• Informed of your charges
• Advised of your next court date
• The Court will enter a “Not Guilty” plea on your behalf
• The Court will ensure that you have an attorney representing you on your case
• If the Court determines that you cannot afford to hire an attorney, a Public Defender will be appointed to assist you and you will receive instructions on how to contact your assigned attorney
• The next court date is a Pretrial Conference

Pretrial Conference:

A Pretrial Conference is an opportunity for your attorney to discuss your case with the prosecutor.  Some Pretrial Conferences will result in the case being resolved by a plea agreement or pretrial diversion.  Other times, the Pretrial Conference will show that more evidence or discovery needs to be exchanged and an additional Pretrial Conference will be set.  Most defendants will be ordered to appear at the Pretrial Conference. Pretrial Conferences are informal and typically do not happen in front of the judge or in the courtroom.

Plea Agreements:

A plea agreement is an agreement you enter into with the State, with the acknowledgement and assistance of your attorney. Ideally, plea agreements offered by the prosecutor will give you a better sentence than if you went to trial and lost. The decision to plead guilty is entirely up to you. By pleading guilty you give up several rights, including your right to trial. It is important to review the entire plea agreement with your attorney and to make sure that you understand the consequences of entering into the agreement before you sign it and before you enter it in court. If you have any questions about the plea agreement, be sure to discuss them with your attorney BEFORE SIGNING THE AGREEMENT.

The Judge in your case will question your understanding of the legal rights you are waiving. The rights you are ‘giving up’ are:

• The right to a speedy and public trial by an impartial jury in the county in which each offense is alleged to have been committed;
• The right for the Defendant to be heard by themselves and counsel;
• The right to demand the nature and cause of the accusation against them and to have a copy thereof;
• The right to confront and cross-examine all witnesses against them at time of trial;
• The right to use the power and process of the Court to compel the production of any evidence including attendance of any witnesses in their favor at trial;
• The right to require the State to prove them guilty beyond a reasonable doubt at a trial at which the Defendant may not be compelled to testify against themselves;
• The right to assistance of counsel at every stage of the proceedings, including upon an appeal if need be;
• The right not to testify without prejudice; and
• That in the event that the Defendant should be found guilty of the charge now pending at trial, she has the right to appeal that conviction on such charge to an appellate court.

Please note – even though you sign a plea agreement with the prosecutor, the judge is not required to accept the terms of the agreement.

Omnibus Hearings:

The Court will set an Omnibus Hearing before the trial date. The Omnibus Hearing typically does not require the presence of the Defendant. The Omnibus Hearing is essentially a date by which certain pleadings and motions must be filed by the Defendant instead of a date that you must appear in court.

Trial:

A trial is a court proceeding where the prosecutor must prove “beyond a reasonable doubt” that you committed the crime charged. Your attorney will have an opportunity to cross examine the prosecutor’s witnesses and to present witnesses and evidence to tell your story. Felony trials are heard by a jury unless you, your attorney, and the prosecutor agree to have your case presented to a judge (Bench Trial).

Sentencing:

If you enter into a plea agreement or if you are found guilty after trial, you will be scheduled for sentencing approximately one month later. Before the sentencing date, you will meet with a probation officer who will prepare a report for the judge. The report will include a recommendation for your sentence. You should discuss this process with your attorney before you meet with the probation officer. In addition, provide your attorney with letters of support, personal references and other information that could motivate the judge to look more favorably upon you at your sentencing.

At sentencing, your attorney will have the opportunity to speak on your behalf. You also will have the chance to speak to the judge. If you want anyone else to speak on your behalf at sentencing, let your attorney know in advance of the hearing. Those who cannot attend sentencing can submit a letter on your behalf. The letters may be addressed to the sentencing judge but should be sent to your attorney so the attorney can review them and submit them to the Court on your behalf.

Appeal:

If you are convicted after a trial or the Judge had the ability to use discretion in your sentence following a plea agreement and you wish to appeal your case, you will have the right to file an appeal. If this was a trial, discuss this with your attorney prior to sentencing. If it was a plea agreement, discuss an appeal with your attorney immediately after the sentencing. If you wish to appeal, your attorney will arrange to have a notice of appeal filed.