State Courts




State Courts

The following is a basic diagram of how the criminal court system is organized on the state level. It is important to keep in mind that every state has developed a unique court structure. Courts with similar jurisdiction and function may be called by a variety of different names based on their location.

Generally speaking, a criminal case can begin in a court of general or limited jurisdiction. If the defendant wishes to appeal any decisions made in his/her original trial, the case will go to the court of appeals. At this point the case may be upheld, remanded back to a lower court, or passed to the state supreme court. A criminal case can go to the Federal Supreme Court by a writ of certiorari.

To learn more about the specific court structure in your state and to learn more about your legal rights and options in a criminal case, contact an experienced criminal attorney in your area.

 

COURTS OF LIMITED JURISDICTION
These are state courts which are responsible for hearing specific types of cases. Many criminal cases can begin at this level. Examples of these courts include: traffic court, juvenile court, family court, court of claims, municipal court, district court, tax court, and county court.
COURTS OF ORIGINAL JURISDICTION
These courts have original jurisdiction over many criminal and civil cases. These are often called Circuit Courts or Superior Courts
CIVIL AND CRIMINAL COURTS OF APPEALS
In these courts, the judges will review questions of law to determine whether or not the defendant received a fair trial. Usually the appeals court will uphold the decisions made in the original court. However, if an error occurred in the original trial or during sentencing, the appeals court may reverse or remand the case.
STATE SUPREME COURT
The state supreme court is the highest court on the state level. It is also called the court of last resort. The state supreme court often hears the appeals of legal issues.

See also:

Search Warrant | Accusation | Probation | Concurrent Sentencing | Civil Case | Evidence | Pro Bono | Expungement | Criminal Trial

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