Civil and Criminal Court Records Hearings

There are several different types of court hearings and procedures for both the accused person and the party bringing the charges. In addition, there is a distinction between charges which are brought in criminal court and charges which are brought in civil court, and different names for the types of hearings that happen in these courts.

Types of Criminal Court Hearings

In criminal court, the defendant might go through a bail hearing, a first appearance or initial appearance hearing, and/or an omnibus hearing. The final hearing in a criminal court matter is the sentencing hearing.

Bail hearing: During a bail hearing, the judge decides if the person accused of a crime should be released back into the community or if money should be paid guaranteeing he or she will appear for further court dates. If bail is ordered by the judge, the accused person must pay 10 percent of that amount to a bail bondsman who assures the court of return appearances. If the person does not show up, he or she is liable for the full amount of bail.

First appearance hearing: During the first appearance, the person is brought before the court and everyone hears the details of the charges. The court decides if the person is fit to stand trial and may assign a lawyer to the person at this time. Also at this time, the defendant decides if there will be a jury trial or if the case will be heard only by a judge and the person may plead innocent or guilty. If the accused person pleads innocent, the court will schedule an omnibus hearing.

Omnibus hearing: During the omnibus hearing, the charges are heard again and the judge and lawyers determine if there is enough evidence to proceed with the case. Both sides present evidence about the case. The defendant may choose to change the plea from innocent to guilty at this time.

Sentencing hearing: At this time, the defendant has been convicted of the crime and now learns what punishments and penalties will be imposed.

Types of Civil Court Hearings

Depending on the type of case, a person may have to appear in small claims court, family court, divorce court, probate court, and so on. Each type of court has its own procedures, but generally cases are first heard by judges who then decide if the case will go on for further consideration. Sometimes, though not always, lawyers are involved in civil suits.

Civil cases begin when one party files a petition against another. At the time the papers are served to the defendant, a court date is set. During the hearing on the court date, the parties in the suit appear before the magistrate (judge) and tell their stories. Evidence is presented, witnesses are called, and the judge decides the different merits of each party’s side of the story. Sometimes there may be multiple hearings, but often the judge will make a decision right away or within a few days.

Resources

A good explanation and diagram of how criminal court hearings work is found at

http://www.countyofdane.com/daoffice/process.htm

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Information about civil processes, including definitions of terms used in civil suits, can be found at

http://www.charmeck.org/Departments/MCSO/Divisions/Field+Operations/Types+of+Civil+Processes.htm

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