THE CRIMINAL PROCEDURE IN CONNECTICUT
As you may be unfamiliar with the criminal justice system, this letter will help to explain what happens with criminal cases. Please note that serious motor vehicle matters, including operating a motor vehicle under the influence, are considered crimes and are treated like criminal cases.
Many times people involved in criminal cases become confused and frustrated by the Court system. Sometimes, it helps to get an overall picture of how the system works.
My firm has been involved in representing people accused of criminal offenses for many, many years. This experience has made me very familiar with the workings of the Court and protecting the rights of people who have been arrested.
The criminal justice system is neither perfect nor efficient. There are often many delays and frequent Court appearances. Although these delays are often frustrating, the passage of time can be helpful in resolving criminal cases.
Whenever you have to be in Court, it is very important to dress respectably to make a positive impression on the Judge and other people who have a role in deciding your case. Please keep this in mind.
Arrest and Bail Bonds
The words bail and bond are two different words that effectively mean the same thing - the amount of money that must be provided to the Court before a person who has been arrested can be released from state custody.
A person who is arrested is generally taken to the police station. If the arrest is a "street arrest" - an arrest without a warrant - the police will set bail and the amount of that bail will be reviewed by the Bail Commissioner. The Bail Commissioner can lower the bail amount set by the police and often does so. If there is an arrest warrant, a specific bond amount is often set by the Court. A Court set bond cannot be altered by the police or the Bail Commissioner that can only be done by a judge.
Once bail is set, it can be posted in cash or through a bail bondsman at the police station or lock-up. People who are unable to post bail at the time of arrest are brought to Court on the following day (except for weekends). There, they will be brought before a Judge and advised of their constitutional rights. That judge can leave the bail amount as set or raise or lower the amount. The judge will also continue the case for a first appearance, or plea date. Bail can then be posted at the Clerk's Office in the Court in cash or through a bondsman.
Court Appearances, Pre-trials and Plea Bargaining
Always appear in Court between 9:00 a.m. - 9:30 a.m., unless instructed otherwise by the court. If you have questions, you are welcome to call my office prior to your court date.
The first appearance at Court is almost always in the Geographical Area (G.A.) Courts. The purpose is to decide whether to transfer the case to Part A of the Court (which deals with serious felony charges) or to leave the case in the G.A. Court. If the case stays in the G.A. Court, the person arrested will plead not guilty and the case will be continued for pre-trial conference. Sometimes this first appearance date can wrap-up the case completely either through a favorable plea bargain, or, sometimes by a prosecutor's decision not to go forward with the case. Sometimes, too, the case is continued without a plea for further investigation.
A pre-trial in the G.A. Courts occurs if the prosecutor does not make an offer to resolve your case that is acceptable to you. This is an opportunity for plea bargaining. There is almost always some attempt to resolve the case without a trial, but a final decision always rests with you, the client. If discussions between the prosecutor and your lawyer do not result in a resolution of your case, a Judicial Pretrial can be requested by your lawyer or the prosecutor. The amount of time from the entry of a not guilty plea to your pre-trial date varies widely among cases and among the different courts of the state. The Judicial Pretrial is an opportunity for your lawyer, the prosecutor, and the Judge to discuss the nature of the charges, the legal issues involved and the defense. The purpose of the Judicial Pretrial is to try to resolve the case one last time prior to trial. If after the Judicial Pretrial your case is not resolved, you will be asked to accept or formally reject the proposed disposition (the plea bargain reached after the Judicial Pretrial) on the record (in the court room) and your case will be scheduled for trial.
Depending on the crime(s) with which you are charged, there are a number of diversionary programs available to people charged with certain types of crimes. For those who have no prior criminal record, Accelerated Rehabilitation is often a consideration for crimes not of a serious nature. For minor drug offenses, there is the Community Service Labor Program and the Drug Education Program. For individuals who are 16 or 17 years of age, the Youthful Offender Program is available. For the first time offenders charged with Driving While Intoxicated, there is an Alcohol Education Program. One or all of these may be available in your case depending on the circumstances. All of these options apply only if the Judge consents.
Any plea bargain offered by the State will be described by your lawyer and discussed thoroughly. Often, based upon the type of charges and the defenses available, the client may not want to plea bargain, but would rather have a trial before a jury or judge. Sometimes, the type of charges, the evidence available or the risks of conviction and imprisonment will cause people to authorize their lawyer to examine the possibility of a favorable plea bargain. A plea bargain is an agreement where a person pleads guilty or no contest to some charge in exchange for a specific sentence. The nature and type of sentence involved in any particular plea bargain depends on the circumstances of each case and can include probation.
Often a person who wants to take advantage of a plea bargain offer does not have to admit guilt. A person can merely plead nolo contendere , which means no contest, or plead under what is called the Alford doctrine. Under the Alford doctrine, a person says in essence, "I am not guilty, but I don't want to be found guilty of the charge filed against me after a trial and receive a sentence in those circumstances. Therefore, I am going to allow a judgment of guilty to be entered against me in exchange for a plea bargain, which will guarantee me a more favorable result. I still insist, however, that I did not commit the crime with which I am charged."
It is not necessary for a person to accept any plea bargain offer made by the prosecution. In fact, many times lawyers for both sides bargain back and forth to try and get the best result possible. Quite often there will be several pre-trials conducted in a case. This accounts for some of the delays that I mentioned above. Each pre-trial usually means there will be additional bargaining discussions. However, in most courts there will only be one Judicial Pretrial prior to the case being scheduled for trial.
Trial
If, after all available pre-trials no satisfactory agreement can be reached, the case will be put on a trial list with other cases also marked ready for trial.
A trial is a lot like what you see on television. The State must present enough evidence to convince a jury beyond a reasonable doubt that the defendant is guilty of the charges. The defendant has no obligation to testify or even present any evidence. Depending on the nature of the charges and the evidence available to the prosecution and the defendant, the defense may or may not present witnesses. At the end of the trial, if the jury finds the defendant not guilty, he or she is released from custody and all charges are dismissed. If, on the other hand, the defendant is found guilty, the prosecution may request that bond be increased and the person may be in jail until sentencing unless the new bond is posted.
Sentencing
Sentencing can happen immediately after a plea of guilty if all parties agree. Usually, on more serious charges, sentencing is six to eight weeks after verdict or guilty pleas. During this delay, a probation officer completes a pre-sentence investigation outlining the charges, the defendant's record, and other aspects of the person's background. The probation officer then files a report, which helps the judge to decide what sentence to impose. The judge passes sentence after reading the pre-sentence report and listening to the prosecution, defense counsel and the defendant.
It is important to recognize that the complaining witnesses will have input in the sentencing process. The complaining witness can either appear in Court and speak to the Judge on behalf of a defendant or in opposition at the time of sentencing or can speak to the Probation Officer who authors the pre-sentence report. Sometimes, friends or relatives of the defendant will appear in Court to speak to the judge to ask for leniency.
Serious Felonies
The more serious felony cases transferred to Part A of the Superior Court follow the same general course that is outlined above. After the transfer, a plea of not guilty is entered and the case is continued for a pre-trial. After that initial pre-trial, usually a second pre-trial is held. In some cases, there may be a series of such conferences. If the case cannot be resolved at that point, it is usually set down on a trial list until called for trial. Trial and sentencing in Part A are almost identical to what I described above. The main difference between cases in the G.A. and those transferred to Part A is that Part A cases are more serious and the stakes are much higher.
Hopefully, this has provided some overview of the process so that you can get an understanding of how things work. Please call if you have any questions.
