Types of Criminal Court Hearings

When an individual is suspected of committing a crime, he or she is arrested by the law enforcement agencies and brought before a court of law to prove his or her guilt and sentence him or her accordingly. Hearings form an integral part of this legal procedure. In criminal cases, the hearings are conducted in a criminal court of law. Each hearing has a pre-decided date, time and location. A case may be solved in one single hearing or require multiple criminal court hearings depending on the seriousness of the crime.

Criminal court hearings are categorized into the following different sub-sections:

Initial Hearings

Initial hearings, as the name suggests, is the first hearing in a criminal case. The suspect is brought before a magistrate or judge who is responsible for informing the person about the charges brought against him or her. It is also the job of the magistrate or judge to decide whether the suspect needs to be detained or not. In most misdemeanor cases, the decision of whether the accused is guilty or not and his or her sentence (if found guilty) are decided at the initial hearing.

The assignment of the defense counsel is usually done at the initial hearing. However it may be done at the time of the arraignment as well. Representation by an attorney is permissible in case the suspect has been charged with a serious crime(s). If the concerned court of law feels that the suspect is unable to afford an attorney for representing his or her case, the court arranges for one from the public funds.

Sometimes an initial hearing may also include a pretrial release order. However, in certain cases pretrial detention is also ordered, especially in cases where the accused is deemed to be a threat to public safety or he or she has a previous history of absconding. The decision of whether a pretrial release or a pretrial detention would be given depends on a number of factors including the residence, family, employment, drug use history, and such other details of the accused.

Preliminary Hearings

Also known as evidentiary hearings, preliminary hearings take place after a prosecutor files a complaint. The aim of the hearing is to know whether enough evidence is present in order to conduct a trial. Other concerns of preliminary criminal court hearings include whether the act of crime occurred within the jurisdiction of the court and whether there is any probable cause to believe that the suspect committed the crime. If there is enough evidence, the defendant is ‘held to answer’ and a date for arraignment is fixed by the judge.

Bail Hearings

In case a complaint is issued, a defendant is required to set a bail hearing within 12-24 hours. As per the 14th Amendment to the Bill of Rights, every defendant has the right to opt for a bail hearing, which is usually heard at the preliminary hearing. Some of the conditions under which you can opt for bail are as follows:

* Release on Own Recognizance
* Promise to Appear
* Unsecured Appearance Bond
* Third Party Custody
* Cash Bond
* Surety Bond
* Property Bond
* Percent Bond

However, the conditions for bail vary from one U.S. state to another.