Post Trial - What Comes Next?

Obviously, if an individual is found not guilty at the end of a trial, the matter is most often finished[1]. At that point, the court dismisses the charge(s) and the individual is free to go. Individuals found not guilty are eligible to have their charges expunged and may begin that process the very next day. What happens, though, if the individual is found guilty.

So, as referenced in Court Time, any verdict of guilt in District Court can be appealed for a whole new trial in Superior Court, but that’s not always going to be a smart maneuver, so what happens next then?

Well, before we discuss sentencing and other repercussions of a guilty verdict in District Court, we should briefly let you know that appeals from Superior Court are an entirely different kind of appeal and it is discussed here. For our purposes here, though, we’ll discuss what happens if you don’t appeal (or in some cases, as referenced here, even if you do).

After a guilty verdict, there are many things that can happen to an individual. The first, and most obvious, is that a sentence of time is imposed upon the individual. This sentence does not have to be an active sentence and very often it is not. That time can be suspended for a period of anywhere from six to sixty months during which the individual is on probation. If the person violates that probation, he or she can be ordered to serve the sentence that was suspended. The sentences that can be imposed depend upon the individual’s criminal history and the class of crime according to a chart. There is a chart for felonies and misdemeanors.

There are a host of other conditions that can be imposed by a court in sentencing an individual. We’ll briefly discuss a few of the more common conditions, but regular and special conditions of probation may be found here.

Restitution is often ordered when the defendant is alleged to have damaged, stolen, or otherwise deprived someone of the use of their own property. This amount is divided into equal monthly payments to be made during the term of probation.

Another very common condition is that the defendant not have any contact with the alleged victim in the case. That no-contact provision, as it is called, means that the defendant cannot have contact with the alleged victim by any means except through an attorney. This condition means no telephone calls, texts, social media contact (either through a messaging app or by posting on the alleged victim’s social media site), messages through a third party, or snail mail. This no contact provision also means the defendant may not even reply if the alleged victim initiates contact.

A condition of all probation is that the defendant abstain from using illegal substances. This condition is monitored by probation officers through the use of urinalyses. An individual should expect to be tested on every visit.

While there are too many conditions to cover here, your probation officer will provide them all in writing. If ever there is a question, you should ask. Additionally, you should keep a notebook and a mechanical pencil at all times to record all contacts, attempts to contact, and things covered at your visits. You should also record all efforts to comply with whatever the probation officer has asked that you do. Your probation officer will appreciate and likely recognize your efforts to be compliant. As the Honorable J.B. Allen, Jr. used to say, the keys to the jail are in your hands when you’re on probation.

[1]There are a few rare exceptions which will not be covered here because of their rarity.