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An Arraignment is for the initial court appearance of the defendant at which time the court will inform the defendant of the charges pending, give the defendant their/her rights, appoint a lawyer if necessary, and hear the plea of the defendant. There are two (2) types of arraignment hearings, they are Misdemeanor or Felony Arraignments. These arraignments are set before a judge when a defendant is charged with an offense. At the arraignment, the defendant is told that he/she is charged with and the possible penalties for the offense. The defendant may plead guilty, and if so, the judge may impose a sentence at this time. The defendant's ability to obtain an attorney is also assessed, and a public defender or volunteer attorney may be appointed if he/she cannot afford a private attorney. If you would like your feelings to be taken into consideration, it is important that you appear at this hearing.
You may be receiving a subpoena for certain hearings and the trial. The subpoena is a court order to appear at the time and date indicated. The telephone number of the Victim/Witness Liaison will be on the subpoena, and you will be required to call him/her upon receipt. Your telephone number(s) will be taken in order to inform you of changes in the court date or case status. Many cases do not go to trial, and the State Attorney's Office will do their best to notify you of changes if you provide them with a contact number. You will also be receiving notices of various hearings that will occur during the course of the criminal process. These notices will differ from your subpoena since they are merely to inform you of the activity of the case and your opportunity, if you wish, to be present at these hearings.
Sometime after the magistrate hearing and before the arraignment, you may be notified to appear at the State Attorney's Office to give sworn statements regarding the crime. Your attendance is very important. The case against the accused may proceed with or without your cooperation. The accused will not be present at this meeting.
After your appearance at the State Attorney's office or the presentation of your case to the State Attorney, the Assistant State Attorney who is handling the case will make a determination, based upon the facts presented, as to what action is appropriate. The victim will be informed of the results of this decision. The State Attorney's Office may file an Information, a formal document filed with the Clerk's Office stating the charge(s) filed against the defendant. Or, the State Attorney's office may file a No-Information, a formal document stating that the facts and circumstances as presented do not warrant prosecution at this time. You may call the Intake Division of the State Attorney's Office to find out if your case has been filed. (561) 355-7192.
A victim may file an Impact Statement with the State Attorney at any time before sentence is imposed on the defendant. The Victim Impact Statement is a written or oral statement given by you describing the effect the crime has had on you personally and the losses that you have suffered. The Impact Statement also advises the Court of your feelings about the sentence which should be imposed on the defendant. The Victim Impact Statement may be obtained from the State Attorney's Office, Victim Advocate Unit at (561) 355-7365 or DOVE Program at (561) 355-7433. This unit may also assist you in the completion of the form. The completed form will then be placed in the court file to be presented to the judge for consideration. Additionally, you may be present in Court to testify about the impact of the crime on you.
The attorney for the defendant can have a subpoena issued requiring you to appear and answer questions under oath concerning your knowledge of the criminal offense. This proceeding, where testimony is given, is referred to as a deposition. An Assistant State Attorney can be present if requested in advance by you. You are not obligated to discuss the case with anyone unless you are properly served with a subpoena.
Pretrial Intervention is a program for first-time offenders. The defendant must have the approval of the State Attorney and the victim for acceptance into this program. If the defendant successfully completes the program, the criminal charges will be dropped. If the defendant does not fulfill the terms of the program, the charges will be reactivated, and full prosecution will be pursued. Only non-violent crimes are accepted into this program.
A status conference is a court proceeding in which the prosecuting and defense attorneys discuss the situation of the case. At this time the courts are informed of possible plea agreement or the availability of victims/witnesses for trial if a plea agreement cannot be reached. In addition, if the defendant, State or Court is not ready for trail and a plea agreement cannot be reached, the judge will grant a continuance of the case. If both the State and the defense cannot agree to a plea and a continuance is not granted by the judge, then the case will be scheduled for trial. If the defendant pleads guilty at this time, sentence may be imposed at the time of the plea or a sentencing date will be scheduled. It is important for you to appear at the sentencing hearing if you would like your feelings to be taken into consideration. Certain motions concerning legal issues may be heard at the status conference. Occasionally, a witness may be needed on a pretrial motion. If your presence is required, you will be subpoenaed well in advance of the hearing. Please note that court dates and hearings may be changed by the Court when there is an emergency or legal necessity therefore you should maintain regular contact with the Victim Advocate Unit and the prosecuting Assistant State Attorney.
Our courts are seriously overcrowded. Delays are often caused when various court proceedings are continued (continuances) for any number of reasons. The State Attorney or defendant's attorney may request a continuance in order to do further investigations of the case or for other legal reasons. Sometimes these continuances may even mean an unnecessary trip to court for you. Please remember that every effort is made to keep you informed of the proceedings by the State Attorney's Office in advance and that your patience and cooperation are essential to successful prosecution.
In a significant number of cases, pre-sentence investigations are conducted. The pre-sentence investigation consists of an interview with the defendant, a review of their criminal record, and a review of the specific facts of the crime. The probation department then makes a recommendation to the judge about the type and severity of the sentence. The judge always makes the final decision about the sentence.

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