Court Expectation
Court Expectation
- All cell phones must be turned off before entering the courtroom.
- It is important not to discuss the case in any public place; lobby, elevator, restroom etc. Jurors might be present or within hearing distance and it is important that they are not exposed to any information about the case while they are outside of the courtroom.
- If you have questions or concerns during the trial, write them down and give them to Victim Witness staff who can then make sure that your questions and concerns are addressed. Unless necessary, it is important not to talk during court proceedings.
- If you are not scheduled to testify and you need a break, you may get up and leave the courtroom. You may need to leave the courtroom so that you do not hear upsetting testimony, or you may simply need to get up and stretch. Victim Witness staff would be happy to accompany you. The Victim Witness office has a quiet place for you to sit if you need somewhere to relax before returning to court.
- No food or drink is allowed in the courtroom. Vending machines are available in the lower level of the building. Restrooms are at the end of each hall.
- Accelerated Rehabilitative Disposition (ARD): A pretrial diversionary program established and run by the district attorney of each county. It is a voluntary program for non-violent offenders involving the concept of probation supervision without conviction. The defendant is given suspension of criminal prosecution for a set period of time by the prosecutor, in exchange for the successful completion of the rehabilitation program. Upon successful completion of the program, the defendant’s record is expunged or erased.
- Arraignment: Generally, means an accused person’s appearance in a court during which time they are informed of the charges against them, and their constitutional rights, including the right to a court appointed attorney (if eligible). The defendant may enter a plea of guilty or not guilty at this time. You will receive notification of the time and place of arraignment but are not required to attend this proceeding.
- Bench trial: A trial in which the judge hears the case without a jury and decides whether the accused is guilty.
- Continuance: The rescheduling of the hearing on a criminal matter from one date to another for cause shown.
- Crime Victim’s Compensation: Compensation awarded to a victim of crime through the Pennsylvania Commission on Crime and Delinquency Bureau of Victim’s Services. Please talk to your Victim Advocate about eligibility and assistance with filing a claim.
- Guilty: A verdict of a judge or jury. The charge has been proven beyond a reasonable doubt.
- Guilty Plea: A formal response by the person accused of committing a specific crime, admitting that the charges are true.
- Jury: A body of 12 persons sworn to render a verdict or true answer on a question or on criminal charges officially submitted to them. A jury is chosen by two attorneys. The defendant has the choice whether to be tried by the judge alone or a jury of peers. There must be a unanimous verdict of guilty or not guilty among 12 jurors. If a trial results in “hung jury”, there may be another trial.
- Leading Question: A question posed which indicates a suggested response, for example, “The light was red wasn’t it?” is a leading question. “What color was the light?” is a non-leading question.
- Legal Maximum: The longest imposable sentence for any particular crime.
- Mandatory Sentencing: A minimum imposable sentence established for specific crimes.
- Nolo Contendere: A defendant’s formal answer in court to the charges in which the defendant states that he does not contest the charges. The nolo contendere plea is not an admission of guilt but carries the same legal consequences as a guilty plea.
- Not Guilty: The verdict by a judge or a jury that a person accused of a crime did not commit it or that not enough evidence exists to prove beyond a reasonable doubt that the accused committed the crime.
- Not Guilty Plea: A formal response by a person accused of committing a specific crime in which he/she says that the charges are untrue.
- Objection: An indication made by an attorney before the court that a factual, procedural, evidentiary, or other legal problem exists with testimony, an exhibit, or other evidence which may prohibit its admission onto the record.
- Overruled: The party objecting loses.
- Plea Bargaining: A legal proceeding between the prosecutor and the defense attorney during which the defendant will plead guilty of a crime in exchange for some concessions from the Commonwealth, usually a lesser charge, the dismissal of other pending charges, or a recommendation by the prosecutor for a reduced sentence. The judge is not bound by an agreement between the Commonwealth and defense, but generally will accept their agreement. Plea bargaining results in a “plea bargain” or “plea negotiation.”
- Plea Day: At this time, guilty pleas are entered before the judge. You will receive a notice informing you of Plea Day and Trial Term. Those defendants who plead not guilty are scheduled for the trial term. It is not at all unusual for a case to be continued from one plea day or trial term to the next. If you would like to be present in the courtroom for plea day, please let the Victim/Witness office know. An advocate will be happy to accompany you to the proceeding.
- Preliminary Hearing: A legal proceeding before a judicial officer in which arguments, witnesses, and or evidence are presented to determine if there is sufficient cause to hold the accused for trial. The burden of proof is on the Commonwealth to show a prima facie case (it must appear on a common sense level that the specific crime has occurred and that the defendant had some hand in the commission of the crime).
- Restitution: Compensation by the offender for a loss arising out of the actions of the offender. Restitution may be requested at time sentencing.
- Sentence: The penalty ordered by the court when a defendant is found guilty by trial or plea.
- Sequester: Witnesses in trials and jurors may be asked to wait outside the courtroom. Witnesses are only brought into the courtroom to testify and cannot hear the other testimony or the general proceedings. Jurors are not allowed to hear news reports or information on the case outside the trial.
- Subpoena: A written order by a judicial officer requiring a named individual to appear in a designated court at a specific time and place in order to serve as a witness in a case or bring material to the court.
- Summons: A written order issued by a judicial officer requiring a person accused of a criminal offense to appear in a designated court at a specific time to answer to the charges.
- Sustained: The party objecting wins.
- Victim Impact Statement: Oral or written statement made by the victims in which the victims describe the emotional, physical and or financial impact the crime has had on them. The victim impact statement, whether delivered orally or in writing, provides the victims with the opportunity to express to the judge how their lives have been affected by the crime. However, the final decision on sentencing resides with the judge.
These suggestions may help you when you tell the Court what happened to you.
- Tell the truth.
- Dress neatly and conservatively (bring a sweater).
- Speak loudly.
- Do not chew gum.
- Be confident when you walk to the witness stand (where you will tell the Court what happened).
- When you take the oath, hold your hand high and answer "I do".
- Listen carefully to the question before you answer.
- Do not nod "yes" or "no" Say "yes" or "no"
- Do not be afraid to say, "I don't know" or "I don't remember".
- If you do not hear a question, ask for it to be repeated. If you do not understand a question ask for it to be rephrased.
- When you answer the question, do not give any more information then was asked.
- Stay calm.
- Do not laugh.
- Do not lose your temper.
- Do not argue with the defense attorney.
- If you make a mistake when you answer, say "I made a mistake". Then give the correct answer.
- If you do not know an exact time or distance, say "it was about this time" or "it was about this distance".
- Do not talk to other victims or witnesses about what you will say or what you have said.