Charges filed in City Court are either traffic infractions or criminal misdemeanors. If you have been cited into a City Court, you have received a summons or citation for one of these offenses. Traffic citations issued in Jay County are filed in either the Portland City Court or the Dunkirk City Court.
City Court has specific procedures that are followed in every case. A traffic case begins when the officer issues you a citation for a violation of a traffic law and he files it with the court clerk. Misdemeanor charges are filed by the Prosecutor's Office by an Information alleging that a crime has been committed. The clerk then issues a summons to the defendant for an Initial Hearing. If you have decided to challenge the charge against you (i.e. plead not guilty), the stages of the proceedings are set out in detail below.
OVERVIEW OF CITY COURT PROCEDURE
The information presented is NOT legal advice. It is for information purposes ONLY. If you have specific questions about your case or your rights, contact an attorney.
There are 3 separate and distinct court hearings in City Court: Initial Hearing, Pre-Trial Conference and Bench Trial. Remember that if you are challenging your ticket, you will have at least 3 court appearances. 1. Initial Hearing: This is the court date that is listed on your traffic citation or summons. At this hearing, the City Court Judge will advise you of your rights and the charge against you. The Judge will ask you if you plead guilty or not guilty. If you plead guilty, the Judge will inform you of the penalty at that time. If you plead not guilty, your case will be set for a Pre-trial Conference. 2. Pre-Trial Conference: If you pleaded not guilty at the Initial Hearing, your case will be set for a Pre-Trial Conference (PTC). This is not the trial date. This is an opportunity for you to discuss your case with a representative of the Jay County Prosecutor's Office and set at Trial Date, if necessary. At the PTC, the Prosecutor's Office may make a Plea Agreement Offer. Generally, this offer is an agreement that you plead guilty to the charge against you in exchange for a specific fine or sentence. If you have documents or evidence you may bring it to the PTC. However, this is not the time to dispute the charges and present evidence to the Court; this is simply an opportunity to dispose of your case without having to have a trial. Representatives from the Prosecutor's Office may consider materials that you bring with you in determining the terms of a Plea Agreement. If your case cannot be resolved by a Plea Agreement, a trial date will be set at this time. 3. Bench Trial: This is your opportunity to present evidence and dispute the charge against you. At the bench trial, the prosecutor will present the testimony of the police officer(s) and any other evidence. You will have an opportunity to ask the police officer(s) questions and present your own evidence. You must bring all of your witnesses and any documents that you believe support your case with you on this date if you want the Judge to consider them. After the evidence has been presented, the Judge will decide if you are guilty or not guilty. If you are found guilty, the Judge will also determine the fine or sentence to be imposed. Your attendance is mandatory at each of these proceedings. Continuances may only be granted by the Judge in special circumstances. You must have the express consent from the Judge if you need to continue your case and have your court date rescheduled. You must contact the Court prior to your hearing to request a continuance. If you fail to attend your hearing without the Court's consent, your driver's license may be suspended or an arrest warrant may be issued for you.
