More Commonly Asked Questions about a Criminal Case
When people face criminal charges for the first time, they probably will hear many unfamiliar words used by law enforcement, judges, and attorneys. The previous blog explored common questions about the people involved in the criminal justice system. This blog discusses some of the terms people hear in court.
What is the difference among a hearing, trial, and sentencing?
A hearing is a pretrial court appearance. If the prosecutor decides to press charges against someone, he or she will attend a bail hearing and maybe an arraignment, which are hearings at which the judge decides bail and explains the charges. If the case is going to trial, there will be more hearings at which the judge decides legal and evidence issues. At trial, a jury or the judge hears all the evidence for and against the person who is charged, and decides whether the person is guilty or not guilty. At sentencing, which takes place after trial or after a plea is reached, the judge explains and sets the final criminal sentence.
What do “pro se” and “in pro per” mean?
Both these Latin terms refer to people charged with crimes or people involved in civil lawsuits who represent themselves. Pro se means that someone is representing himself, and in pro per is short for “in propria persona”, meaning that person does not have a lawyer and speaks on his own behalf. Many criminal defendants find it very difficult to represent themselves. The judge and prosecutor have years of experience with the law and legal concepts, while many defendants do not. They may struggle to follow proper procedures and get the best result for their case. We recommend that people considering acting in pro per seek legal representation instead.
What is being held in contempt?
Being “held in contempt” refers to contempt of court. A judge may decide that someone is disobeying court orders or being disrespectful in the courtroom. Being disrespectful in the courtroom can include outbursts out of turn, harassing another attendee, or disobeying a court ruling not to use certain evidence. If this happens, the judge can issue an order saying that the person is in contempt of court. If found guilty, the person may have to serve a short jail sentence or pay a fine.
What is “nolo contendere”?
The legal term nolo contendere refers to a “no contest” plea to charges made against a criminal defendant in court. If you plead nolo contendere, you accept that you will be convicted but you do not admit guilt. It is different than a guilty plea and different than a not guilty plea.
If you need representation in an Oklahoma court for criminal charges, seek out a former Tulsa prosecutor who knows the system. Clint Patterson, Esq., of Patterson Law Firm can assess the best defenses and build your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.