Appearance before the Correctional Court

What is the correctional court?

The correctional court is responsible for judging crimes and punishing them. Some examples of crimes include: theft, drug offences, beatings and injuries.

What can you expect?

If you are criminally charged, you will have to appear before the correctional court to answer to the charges.

You can be summoned in different ways. In most cases you will receive a summons from the bailiff stating the day, time and place where you must appear. You can also be summoned by official report, in which case you will receive a document from the Public Prosecutor replacing a summons.

Both in the summons or the summons, you can find the facts you are charged with.

What are your rights as a defendant?

When you are summoned to appear before the criminal court, you also have rights that must be respected. These include the right to inspect the case file and to submit evidence in your favour.

One of the most important rights is the right to the assistance of a lawyer. The assistance of a lawyer is highly recommended when you have to appear before the correctional court. Your lawyer will guide you and help you defend your case. Your case is our concern!

The procedure and conduct of the trial

If you are assisted by a lawyer, he or she will provide information about the hearing date and proceedings. Your presence is not always mandatory. Check with your lawyer about this.

In most cases, the case is judged by one judge sitting alone. When the case is complex, three judges may also be appointed.

If there is a civil party (victim), they will have the first word. Next, the prosecution will give its account of the facts and a sentence will be demanded. This is the first time you will be told the sentence actually sought. Afterwards, the accused's lawyer will speak. Finally, the accused gets the last word. A court clerk is also present at the hearing. This person records everything that is said.

If you appear without the assistance of a lawyer, you must be present on time. If you do not appear in person and are not represented, the case will be heard without your presence and a judgment in absentia will follow.

After the pleadings, the case will be taken under advisement. The judge will make a decision on your case during that time. The date of the judgment will be announced by the judge at the hearing after the pleadings.

If you still have questions or would like our assistance, contact us or make an appointment at Oraibi Lawyers!