Question: Can you get your court case moved from the municipal court to the state court without a lawyer? What is this process called? I was charged with a misdemeanor for shoplifting and my arraignment isn’t till 4 months later. I found that I can enroll in a pre-trial diversion program since I’m a first offender.
I didn’t bother trying to hire a lawyer, since I can enroll myself in the program. But the municipal court I’m going to don’t offer it on the municipal level nor will it offer expungment (I asked the person in charge of the pre-trial diversion program this). So I need my case moved to the state court. I went to the court clerks and they said I either wait till my arraignment and ask the court or hire an attorney to do this. I can’t afford an attorney right now is there a way around this?
Answer: Filing a “Demand For Jury Trial” will move the case to State Court. Municipal Courts do not provide a process for a jury trial. You should be very sure that the State Court does offer a pre-trial diversion program for misdemeanor shoplifting and that you will qualify for the program.