The Columbia County District Court has jurisdiction over misdemeanors and gross misdemeanor crimes. These crimes carry a maximum penalty of one (1) year in jail and/or a $5,000 fine. The most common criminal charges included Domestic Violence (DV), Assault, and Theft. Criminal traffic charges like Driving Under the Influence of Intoxicants (DUI) and Driving While License Suspended (DWLS) are also filed into this Court. Traffic infractions including speeding, license tabs charges and equipment violations are also heard in this Court.
Being accused of a criminal or serious traffic offense can be traumatic and upsetting experience. We hope this information will be of help in guiding you through the process and take some of the mystery out of the procedures. We have tried to answer your more frequently asked questions.
WHAT IF I HAVE MORE THAN ONE TICKET?
If you were issued a green (infraction) ticket along with a criminal (goldenrod) ticket, these are considered separate violations and different rules apply to each case type. You will be summoned by the court for the criminal charge, however the court cannot set a hearing on the infraction (green ticket) unless you read and follow the instructions on the back. You must respond to an infraction 15 days of the date the infraction was issued Please see “Infractions” for more information. ANY RESPONSE YOU OR YOUR ATTORNEY MAKE ON THE CRIMINAL CASE DOES NOT SATISFY THE REQUIREMENT TO RESPOND TO THE INFRACTION.
WHAT SHOULD I WEAR AND HOW SHOULD I ACT IN COURT?
Suitable attire is required. Shoes and shirts are necessary. Halter tops, tank tops, and shorts are not permitted. Hats are to be removed upon entering the Courtroom. No smoking, food or drink will be allowed. Cell phones should be turned off or on silent. Absolutely no type of weapons allowed. Children may be present in the Courtroom, but if they disturb the proceedings you may be requested to remove them. The Court does not provided childcare. You do not need to check in with the clerk unless your name is not listed on the lobby calendar. Once you find your name on the calendar you may enter the courtroom and be seated and wait for the Judge to call your name.
WHAT IS AN ARRAIGNMENT?
The arraignment is generally your first appearance in court on the citation or charge. The Judge will inform you of the charge and explain it. Next it will be confirmed that you understand you constitutional rights as explained at the beginning of the court session, and finally the maximum penalties, if any, will be stated. No testimony is taken or evidence presented at the arraignment. Please note that if this is a first appearance on a charge of Driving Under the Influence or Assault 4th Degree Domestic Violence you may not waive arraignment or have an Attorney appear on your behalf, without your present. You will be informed of your right to counsel and be given instruction on how to apply for the Public Defender.
WHAT ARE MY CONSTITUTIONAL RIGHTS?
All persons accused of any crime or traffic offense that might result in a jail sentence have the following rights:
Ø To have a lawyer present with you at all hearings;
Ø If you cannot afford to hire one to represent you (you may be required to reimburse the County in full or part for this expense), one will be appointed to represent you;
Ø To represent yourself without a lawyer;
Ø To a public and speedy trial;
Ø To cross examine any witness who testifies against you;
Ø To call witnesses to testify on your behalf, and have the Court compel their attendance;
Ø To testify or not testify yourself; if you choose not to, no one can make you testify;
Ø To appeal to Superior Court, within 30 days if you are convicted after a not guilty plea.
SHOULD I TALK TO A LAWYER BEFORE ENTERING A PLEA?
In many cases, this is a good idea. The Judge, at your request will continue the arraignment giving you time to look for an Attorney. The Judge will request that you have your lawyer put in a “Notice of Appearance”. This should be done before your next court date. If you fail to appear at any hearing, your bond or bail will be forfeited and the Judge will issue a bench warrant for your arrest.
HOW DO I OBTAIN A LAWYER IF I CANNOT AFFORD ONE?
At the arraignment, the Judge will explain your right to a court appointed attorney. You should indicate to the Judge that you are financially unable to hire a lawyer and you will be provided an application for court appointed counsel. The Judge will review your application form and determine, according to the appropriate financial guidelines your eligibility for a public defender. If you qualify, the Judge will sign the Order appointing your case to the public defender. You will go the Clerk’s window for a copy with the attorney’s name, address and telephone number. The court will notify the public defender of the appointment and it is your responsibility to contact the public defender. YOU MUST remain in contact with the public defender and be available for all meetings as requested by the lawyer.
WHAT IF I PLEAD GUILTY?
If you plead guilty it means you admit the charge and the elements to prove the charge. By pleading guilty you waive your constitutional rights and in most cases you will be sentenced right then. However, you may speak on your behalf at sentencing. The Judge will then usually review the police report, if available, and sentence you.
WHAT HAPPENS IF I PLEAD NOT GUILTY?
A not guilty plea denies the charge and none of your constitutional rights are waived unless you expressly wish to do so. You are presumed innocent and the prosecution must prove your guilt beyond a reasonable doubt at a subsequent trial. The next hearing will be a pre-trial and trial setting conference. You and your lawyer, if you have one, are required to be present. At this hearing pre-trial motions and a trial date are set. Information about all the evidence in the case and witness names will be exchanged. If at any stage you waived your right to a jury trial, you or your attorney will receive a notice of you NON JURY TRIAL.
CONTINUANCES
THE COURT CANNOT CONTINUE A COURT DATE BASED UPON RECEIPT OF A TELEPHONE CALL. REQUESTS TO CONTINUE MUST BE IN WRITING AND ARRIVE PRIOR TO THE COURT DATE.
WHAT IF I AM SENTENCED TO JAIL?
If the Court sentences you to serve a day or days in jail, the Judge will arrange the report date. Most commitments are served at Columbia County Jail and the Court will notify the appropriate facility of your report date.
WHAT MUST I DO IF I CAN’T PAY MY ENTIRE FINE TODAY?
If you can’t pay all of your fine at sentencing the Clerk will work out a time payment agreement. This is a contract with the court for installment payments and must be strictly adhered to. Read the agreement carefully, as failure to follow the terms can result in additional fees, a possible suspension of your driving privilege, and assignment of the account to a collection agency. You may also be required to appear in court for additional hearings.
FAILURE TO APPEAR IN COURT
If you are scheduled to appear in court, but fail to do so without prior consent of the court, the Judge is authorized to issue a bench warrant upon either a probable cause finding or good cause finding for your arrest. This means that you are subject to arrest on the warrant.
MAILING ADDRESS CHANGES
NOTIFY THE COURT IMMEDIATELY AND IN WRITING IF YOU ADDRESS CHANGES AT ANY TIME. IF YOU ARE REPRESENTED BY A LAWYER, ALSO NOTIFY YOUR LAWYER IMMEDIATELY.