Common Legal Terms Used by the Weld County Court System

In the legal system, many defense attorneys, lawyers, prosecutors, police officers, or district attorneys may throw terms around thinking that everyone has the same legal knowledge they possess in cities like Greeley, Erie, or Eaton. In reality, a person accused or charged with a crime like Arson, Trespassing, or Cruelty to Animals in Evans, Berthoud, or Hudson may not be familiar with the legal process or jargon. The following lists include terms that are used regularly in the Weld County Court system that will help you more fully understand a case you or a family member are going through with your defense attorney after charges of a crime arise.

What Are the Different Types of Court Appearances?

Advisement

The initial court room appearance by the defendant in which the judge tells them what charges they are being accused of, and what penalties that crime includes. The defendant is also informed of their constitutional rights, including the right to an attorney.

Arraignment  

At this court hearing, the defendant enters a plea to the charges that were announced in the advisement hearing. An experienced attorney will prepare you for entering a plea at the arraignment hearing. They will have discussed the possible outcomes, plea bargains being offered, or the possibility of a deferred judgment with the district attorney beforehand. They will advised you if you have a strong enough case to enter a plea of not guilty and ask for a trial or if a plea of not guilty by reason of insanity will be a wise choice.

Motions Hearing

This is held at the request of the defense attorneys / lawyers or the prosecution team. In this court appearance, the judge makes a decision based on motions or petitions submitted to exclude evidence obtained illegally or testimony from unlawful police questioning. Lawyers file motions for many other reasons as well.

Continuance

A court can grant a continuance of a court date in a case if the district attorney or defense lawyer requests it and provides justification for the request. Continuance means that the trial or hearing is moved to a later date to give the district attorney or defense more time to prepare or obtain relevant evidence.

Preliminary Hearing

This type of hearing usually only occurs in cases that involve more serious mandatory sentence felony charges and is used for the judge to determine whether probable cause that the defendant committed the crime exists.

Pre-Trial Conference

When the prosecution and defense attorney meet to discuss ways to resolve the case with plea bargains, deferred judgments, or dismissal of charges, in order to avoid going to trial.

Trial

Where the prosecution attempts to prove beyond a reasonable doubt that the defendant committed the crime. In most cases, a jury will decide guilt or innocence. The prosecution must supply solid facts and evidence to support their case. In return, the defendant’s criminal lawyers are working to refute the evidence the prosecution brings. Their job is to counter the prosecutor’s case and establish doubt in the mind of the judge or jury.

Sentencing Hearing

After a guilty plea or verdict is announced, the judge presides over a sentencing hearing where he evaluates the available punishments for the charges. He then imposes a sentence on the guilty person, whether it be prison or jail time, probation, or fine.

What Are the Different Types of Court?

There are three different courts that you may be required to appear in front of: municipal court, county court, or district court.

Municipal Court

The Greeley Municipal Court deals with tickets handed out by Greeley Police Officers where someone has violated a section of the municipal code. Municipal court generally handles traffic, petty offense and low level misdemeanor charges. The sentence and punishment for municipal charges are decided by the municipality and can vary from place to place. 

County Court

Traffic offenses and misdemeanor criminal charges are assigned to county court divisions within the Weld County Court. A ticket or summons issued by a Weld County Sheriff Deputy or if a law enforcement interaction ended with an arrest for a traffic or misdemeanor crime, then it will be an automatic county court case. Sometimes, law enforcement has the option of assigning a case to the county court or municipal court, depending on the charges and the interaction. The sentencing guidelines for county court cases are decided by the State of Colorado. 

District Court

The district court officiates over felony cases and appeals from the county court. They also handle juvenile, mental health, and probate cases. The sentencing guidelines for district court cases are also decided by the State of Colorado. 

CHARGED WITH A CRIME IN GREELEY OR WELD COUNTY?

Be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer in Weld County and the Greeley area for a free consultation. 

Together, we can protect your future.

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