vau brochure - MDR2 - Laserfiche WebLink

Home

How long will I be in court? You may be excused after a few minutes or you might be needed for more than a day. Most witnesses are on the witness stand less than an hour. There is usually a waiting period so you may want to bring something to read. Call the Victim/Witness Assistance Unit if you need to know in advance how long you are expected to be available to testify or if you have questions about where to park, dress code for court, etc. What can I do with my children? Court can be long and complex. It is not a good place to entertain children so try to find a relative, neighbor or friend to care for your children at home. If you are unable to do so, call the Victim/Witness Assistance Unit for help. Will I be safe at court? If you have concerns about your safety, talk to the Victim/Witness Assistance Unit. As needed, arrangements can be made for separate waiting areas and other safety measures. What if the defendant is not convicted? You may feel that justice has failed, but it is important to remember that our system calls for guilt beyond a reasonable doubt. With your help, the Prosecutor's Office will do as much as it can to get a conviction but it may not be enough. As strong as the evidence may seem to you, the judge or jury might have reasonable doubts. Even if there is no conviction, the offender may be discouraged from committing future crimes. Definitions Acquittal — a discharge or release which takes place when the judge or jury finds a verdict of not guilty after a trial. Arraignment — a hearing at which the defendant is formally notified of the charges and at which time a plea of not guilty, guilty, or no contest is entered. If a not guilty plea is entered, the case is given a trial date. Bail — an amount of money set by the police or court which must be posted or pledged before an accused may be released from jail to assure the person's presence in court. Bench Warrant — a written court order directing the police or sheriff to arrest a person who has failed to appear at court, failed to follow a court order, or has been indicted by the Grand Jury for a crime. Contempt — willful disobedience to or open disrespect for a court or judge. Defendant — a person arrested and charged with committing a crime. Deferred Acceptance of Guilty Plea (DAG) or Deferred Acceptance of No Contest Plea (DANC) — a pretrial procedure where the judge delays acceptance of the defendant's plea of guilty or no contest and places the defendant on probation with conditions. The charges may be dismissed upon successful completion of the terms and conditions set by the court. Dismissed — the court can dismiss the charges against a defendant for a number of reasons. This does not mean the person was found "not guilty". Felony — a crime punishable by more than a year in jail. Grand Jury — a jury of 8-16 people who determine if there is probable cause to believe that the suspect committed the crime. Defendant, defense attorney and judge are not present at this proceeding. Indict — to formally accuse in writing. Misdemeanor — a crime with a punishment of no more than one year in jail. No Contest or "Nolo Contendere" — a Latin phrase meaning "I will not contest it". The principal difference between a plea of guilty and a plea of no contest is that the latter may not be used against the defendant in a civil action based on the same acts. Penal Summons — an official complaint with a set court date. Plea — a defendant's answer to a charge filed against him or her (guilty, not guilty, no contest). Preliminary Hearing — a procedure at which a judge determines if there is probable cause to believe that the defendant committed the crime. Probable Cause — a reasonable belief which supports that a defendant did actually commit the crime. Prosecutor — a lawyer who represents the State in criminal proceedings and is responsible for bringing the accused to justice. Released — after arrest, the defendant may be released with no charge, or released pending further investigation. Sentencing — when the court decides on the punishment to be given to the defendant after a defendant pleads guilty to a crime or is found guilty after a trial. Trial — a proceeding at which evidence is presented to a judge or jury who then must decide beyond a reasonable doubt whether the defendant committed the crimes. Verdict — the formal decision or finding of guilty or not guilty made by a judge or jury at the end of a trial. Victim Impact Statement — input provided by the victim about the impact of the crime. Used at sentencing or hearings before the Paroling Authority. This project was supported by Award No. 2007-VA-GX-0045 by the Office for Victims of Crime, OJP. OFFICE OF THE PROSECUTING ATTORNEY VICTIM ASSISTANCE UNIT East Hawaii Unit 655 Kilauea Avenue Hilo, Hl 96720 West Hawaii Unit 81-980 Haleki`i Street Suite 150 Ph: 808-934-3306 Kealakekua, HI 96750 Toll free: 1-800-901-4021 Ph: 808-322-2552 Toll free: 1-800-321-8712 Hawaii County is an Equal Opportunity Provider and Employer