• If your case is one which cannot be heard in the Justice of the Peace Court:

• The judge will set bail and any conditions of release. However, the judge will incarcerate without bail anyone charged with a capital crime (one for which the death penalty may be imposed).
• The judge may set a date for arraignment in the other court (Court of Common Pleas or Family Court), or for a preliminary hearing in the Court of Common Pleas, if your case will ultimately be held in the Superior Court. If you do not receive a date for your arraignment or preliminary hearing at your initial appearance, you will receive notification in the mail of the time and date.

• If your case is one which can be heard in the Justice of the Peace Court, at the time of your initial appearance:

• You will be arraigned.
• Unless you elect to plead "guilty" at this time, the judge will set bail and any conditions of release.

• You will be asked to decide whether you wish to have your arraignment (and trial, if you plead "not guilty") in the Justice of the Peace Court or transfer your case for arraignment (and trial, if you plead "not guilty") to the Court of Common Pleas.

• You should be aware that the judge in the Justice of the Peace Court is not necessarily a lawyer, while the judge in the Court of Common Pleas will be a lawyer. You may choose to be represented by a lawyer in either court. In most situations, there is no prosecutor or public defender in the Justice of the Peace Court, while there will be a prosecutor and a public defender (if you are eligible) in the Court of Common Pleas. However, if you are in Justice of the Peace Court 20 in the City of Wilmington, both a public defender and prosecutor will be available.
• If you are charged with a violation of a municipal ordinance or county code, you will not have the right to transfer your case to the Court of Common Pleas.

• If you choose to transfer your case to the Court of Common Pleas:

• The judge may set bail and any conditions for release. In some cases, the Court may set a date for arraignment at this time. In other cases, you may receive your arraignment date in the mail.
• If you are coming to the Court in response to a summons or traffic ticket and know that you want to transfer your case to the Court of Common Please, you should let the clerk know you are interested in doing this as soon as you check in (go to the counter).

• If you choose keep your case in the Justice of the Peace Court:

• The judge will ask you to sign a Jurisdictional Form. By signing this form you agree to have your case handled in the Justice of the Peace Court rather than the Court of Common Pleas. You should read this form carefully and ask the judge if you have any questions.
• At the time you sign the jurisdictional form, the judge will ask you whether you wish to plead "guilty" or "not guilty." If you are not sure what to do at this time, you should plead "not guilty.

• If you choose to plead "guilty",

• If you do not have an attorney, the judge will ask you to sign a Waiver of Attorney form. By signing this form, you agree to waive your right to have representation by an attorney.
• The judge will ask you to sign a Record of Guilty Plea. The guilty plea form explains the rights which you will be giving up by pleading guilty. If you plead guilty, you will not have a right to a trial or to appeal your conviction. You should read these forms carefully before signing them and be sure that you understand them. If you have any questions, you should ask the judge. After you have signed these forms, the judge will usually sentence you unless you are eligible for probation before judgment.

• If you choose to plead "not guilty", the judge will set a date for trial in the Justice of the Peace Court and will set bail and any conditions of release.

• If you are eligible, you may request Probation Before Judgment. Probation before Judgment (PBJ) permits a first or infrequent offender, under certain circumstances to avoid having a conviction entered against him or her if the offender complies with certain conditions. PBJ works as follows:

• If you have pled "guilty", the judge will sentence you. If a fine is imposed, you will be expected to pay the fine at that time or make arrangements for deferred payment or work referral. Whether or not a fine is imposed, you will be expected to pay court costs and other assessments required by law.
• If you have pled "not guilty", the court clerk will give you a document called "Bond/Order to Appear". This document tells you the type and amount of bail, if any, which you must post, when you must appear in court for your trial or preliminary hearing, and where your trial or preliminary hearing will be held. You should save this document so that you can refer to it later. If there is no trial date on this document, you will receive notice in the mail of your trial date. You should give the court your correct mailing address and telephone number (if you have one) and let the court know if you move so you will receive notices from the court. You should contact the court if you don't receive your trial notice within a reasonable period of time (about 3 weeks).

• If you are scheduled for a preliminary hearing or trial in the Court of Common Pleas, or a trial in the Family Court you may click on the appropriate selection to obtain further information from the Court of Common Pleas' or Family Court's web site.
• If you are scheduled for a trial in the Justice of the Peace Court, you may wish to review the information which follows.

• You should consider whether you wish to have an attorney represent you. If you wish to have an attorney represent you, you should contact the attorney well before the date of your trial (or arraignment). In a very limited number of situations, a public defender may be available to defend eligible persons in the Justice of the Peace Court. You should check with the Public Defender's Office to see if there is a possibility of a public defender handling your case.
• You should be sure to know the exact date and time of your trial and be there on time.
• Although the Justice of the Peace Court is less formal than the higher courts, the Rules of Evidence must still be followed. If you will be appearing without an attorney, you should try to familiarize yourself with some of the most important Rules as described in "Questions and Answers About the Rules of Evidence."
• You should bring with you to trial all photographs, diagrams, reports, or other items which have anything to do with your case.
• You should also bring any witnesses who can help with your defense. (A written statement from a witness who cannot appear in court cannot be considered by the judge.) Make sure your witness knows the exact date, time and place of the trial and then make sure the witness appears for trial. If you are not sure that a witness will show up at court, you may subpoena the witness (have the court order the person to appear at the court to testify) by filing a request for a subpoena with the court. The court can also issue a subpoena for evidence, such as photographs, reports, or objects which are in someone else's possession and which you need for your defense. You should ask the Court for the subpoena as far in advance of your trial date as possible.
• Remember, that you must appear as ordered for your trial or you may be charged with contempt of court in addition to the original charge(s) and a warrant for your arrest (called a capias) will be issued.
• If there is a valid reason why you cannot be in court on the day of the trial, write or fax the court, if possible, or call, if not, to request a continuance (postponement) to another date. You should make your request for a continuance as early as possible. A continuance request which is made at the last minute is not likely to be granted. In your continuance request you should include the following information:

• Arriving for trial. It is important to arrive on time for your trial. However, you should realize that there may be a number of cases to be heard before your case so you may have to wait beyond the scheduled time before your case can be heard.
• Opening statements. The person representing the prosecuting agency will speak first and may give a brief opening statement, telling the court what he or she intends to prove through his or her testimony, evidence and/or witnesses. After the prosecuting agency finishes its opening statement, the defendant may make a statement as to what he or she intends to prove, or the defendant may wait until after the prosecuting agency has presented its evidence before making any opening statement.
• Testimony for the prosecuting agency. After the opening statement(s), if any, the prosecuting agency will be asked to call the first witness to testify. In some cases, the person representing the prosecuting agency will be a witness in the case. All witnesses who testify will be sworn-in by the court prior to their giving testimony. The prosecuting agency must prove its case beyond a reasonable doubt.
• Cross examination. After the witness finishes his or her direct testimony and introduces any evidence the witness may have, the defendant or court may cross-examine the witness. Cross-examination means asking the witness questions regarding anything about which the witness testified. The defendant should not start telling his or her side of the story at this time. (The defendant will be given an opportunity to explain the defendant's defense after all the witnesses for the plaintiff have testified.)
• Testimony for the defendant. When the prosecuting agency has presented all of its witnesses and evidence, the defendant may present his or her defense, calling any witnesses and presenting any evidence the defendant may have. The defendant may, but is not required (because the defendant has the right to remain silent) to testify. The prosecuting agency or judge may cross-examine the defendant's witnesses, including the defendant, if the defendant testifies.
• Rebuttal. After the defense has been presented, the prosecuting agency may call any rebuttal witnesses. Rebuttal witnesses are witnesses for the prosecuting agency who seek to rebut the testimony of the defendant's witnesses.
• Closing Statements. When both sides have presented all of their evidence and testimony, the prosecuting agency may summarize his or her side of the case by telling the court what he or she thinks has been proved. The defendant is then given the opportunity to summarize his or her side of the case.
• Judgment. Usually, the judge will render the verdict upon the close of the trial. However, at times, the judge may require more time to consider the verdict and will reserve judgment to a later date. When the judge does this, you will be notified as to when to return to court for the verdict.

• Traffic cases may be appealed if there is a fine of more than $100 or a sentence of any jail time.
• Persons convicted of a violation of a code, ordinance, or regulation of a town, city or county may appeal a conviction by a justice of the peace without regard to the amount of the fine.