Step 3: Pre-Trial Implementation

CLIENT UPDATE, PLANNING, AND ASSIGNMENTS MEETING III:

  • Update client with results of court hearing.
  • Understanding of current status of case.
  • Answer questions.
  • Review client assignments, timelines.
  • Next step in case (court hearing and/or appearance).

DISCOVERY:

  • Request evidence, reports from the District Attorney (most documents will be provided by the prosecutor within one week of arraignment).
  • Copy for client review.
  • Meet with client to discuss evidence, upcoming readiness conference.

READINESS CONFERENCE:

  • Armed with facts of case, knowledge of law, and vast legal experience, knowledge of particular prosecutors and Judges, meet with prosecutor(s) to attempt a resolution of case. Range of outcomes could consist of: pleading guilty to the charge; negotiating a reduction of the penalties; negotiating a plea to a lesser offense; and in some cases, entire dismissal of case.

CLIENT UPDATE, PLANNING, AND ASSIGNMENTS MEETING IV:

  • Update client with results of court hearing.
  • Understanding of current status of case.
  • Answer questions.
  • Review client assignments, timelines.
  • Next step in case (court hearing and/or appearance).

PRELIMINARY HEARING:

  • Attend formal court hearing before the judge, similar to a jury trial but with several key differences. Sworn witnesses will attend and testify against client. Court reporters transcribe court proceedings. No jury. The Standard of Proof is “a reasonable suspicion” (instead of “beyond a reasonable doubt”). A cross-examination of sworn witnesses. This hearing is extremely important, as the judge will have the opportunity to reduce charges or dismiss case.

SECOND ARRAIGNMENT:

  • Attend court hearing – Second Arraignment.
  • Confirm all information from first arraignment.
  • Set future court hearing dates.

LAW AND MOTION:

  • Law applicable to client’s particular case will be researched.
  • Draft and file applicable pre-trial motions.
  • Attend hearing for motions.
  • Most common motion is motion to suppress evidence due to illegal search and seizure.

SECOND READINESS CONFERENCE:

  • Attend second readiness conference. Based on facts of case, knowledge of law, and vast legal experience, Attempt to negotiate a resolution of case with a different prosecutor and judge. Range of outcomes consist of: pleading guilty to the charge; negotiating a reduction of the penalties; negotiating a plea to a lesser offense; and in some cases, entire dismissal of case. If a settlement is reached, case will either be dismissed or a plea will be entered with a subsequent court date for sentencing. If no settlement, a trial date will be set.

Pre-Trial Implementation part 1

 

Pre-Trial Implementation part 2

 

pretrialside

pretrialside2

Click on each step of the process: