So what happens now? Once the bond is paid and the Accused, (also know as Defendant or Suspect), has been released from jail, what should be expected for the first court appearance? In most major metropolitan counties the Accused should be given a First Appearance or Arraignment Date within days. At that first setting, and every setting thereafter, it is very important to arrive on time. If the Defendant is late to court or misses court the State will likely move for a Bond Forfeiture and the judge will revoke the bond sending the Accused back to jail. This gives the District Attorney ("DA") a great deal more leverage during plea negotiations.
Once the Judge or the Court Coordinator calls the docket, (the list of cases for the day), they will likely ask three questions:
1. "Do you have an attorney?"
2. "Do you need time to hire an attorney?"
3. "Would you like to apply for a Court Appointed Attorney?"
Unless the Defendant is completely indigent, he will likely not qualify for an attorney appointed by the court. If he has an attorney, then he can just give the lawyer's name and have a seat. Nothing is going to happen until the attorney arrives. No one is allowed to speak to the Accused about the case if they have representation. If the lawyer has other cases in other courts, one could take the opportunity to get a cup a coffee or smoke a cigarette while they wait for the lawyer to arrive. Defense Counsel should notify the Court Coordinator if he is occupied in another court. If the Accused needs time to hire, the Court Coordinator will likely give that person a two or three week reset to hire someone. This will not happen more than two or three times. Afterwards, the judge may apply pressure to make sure the Accused hires counsel.
Once Counsel arrives he should be able to pull the State's file and go over what evidence they have available at the time. At least the Offense Report should be available. Videos, lab reports, bodycams, blood work, DNA, photos, etc. will all take more time to acquire. The State must produce all of that for inspection by Defense Counsel. Therefore, in all likelihood, the case will be reset to allow more time for the collection of evidence.
Once all the evidence is in, an experienced Trial Lawyer should be able to give his client a good idea about their chances at trial. However, half the battle is won or lost at Jury Selection so it's difficult to gauge a Defendant's chances of victory until the Jury is in the box. But that won't be until the day of trial. In the mean time, the DA will likely make an offer on the case with a specific recommendation for punishment. This is known as the Plea Bargain.
Like any bargain, this part of the process is a negotiation: one gives something, he should receive something in return. In this case, in exchange for giving up the right to a Jury Trial the DA may offer a reduced sentence, a reduction of the charges, no jail time or a chance to keep the Defendant's record free and clear of a conviction. However, no one can force a Defendant to sign a plea agreement: not the DA, not the Judge and especially not his own attorney. If the Accused wants his day in court, he will get it. It is guaranteed by the Constitution of the United States.
Clearly, no attorney should comment on a specific case unless and until he's had a chance to look at the file, review the offense report and speak with the DA. But if the Accused is offered a deal it is important to understand what is on the table. A Plea Bargain is based on three things:
1. The Defendant's prior criminal history.
2. The facts of the case at hand.
3. Whatever the victim or law enforcement wants to do.
A DA is legally authorized to consider anything and everything a Defendant has ever been arrested for above a traffic ticket whenever they are deciding what they are going to offer as a plea agreement. This includes juvenile cases, cases that were ultimately dismissed and cases that happened in another state. Obviously, a newbie that's never been in trouble with the law will be treated very differently than someone with an extensive criminal history.
The facts of the case are important because if they essentially caught the Accused "red-handed" they don't have to offer a good deal. They know if the Accused goes to trial with a mountain of evidence against him he is likely to lose and the Judge or the Jury could sentence him to more time than what the DA is offering. On the other hand, if it's a weak case then the State is hopefully going to make the Defendant an offer he can't refuse.
It is the stated policy of most District Attorney's offices to not make an offer to a Defendant unless and until they have made a good faith effort to contact the alleged victim of the crime, also known as the Complaining Witness ("CW"). They will call, send certified letters, even send investigators to talk with the CW. If the alleged victim wants the Accused buried "under the jail" the DA will probably offer a harsher punishment. If the CW does not want to participate, doesn't care, isn't that sympathetic or just doesn't want to testify, then hopefully the DA will offer something more reasonable.
Cops generally don't get involved in plea negotiations unless the suspect gave them a hard time when they were trying to take him in or unless the Accused has material information that they can use on a subsequent investigation on someone else. Again, whatever is offered, it is COMPLETELY in the hands of the Accused to accept or reject the State's Plea Bargain. The Defendant is the one who makes the final call on going forward to trial or signing plea agreement.
If the State may offer one of three things to convince the Accused to plea:
1. Probation.
2. Deferred Adjudication.
3. Pretrial Diversion.
Probation is community supervision that allows the Defendant to stay out of prison. It is a final conviction on the Defendant's record with all of the long term consequences of a stay in prison. It will remain on the Defendant's criminal history forever. Although it allows a Defendant to stay out of prison, it is not easy. One has to report in at least once a month, submit to random urine tests, usually do some form of community service, often take classes or submit to therapy, pay restitution, fines, court costs, etc. Failure to complete any one of these conditions could send the Probationer to prison.
Deferred Adjudication, functionally, is exactly like Probation. The Defendant has to follow all of the same conditions if he wants to stay out of prison. However, the added benefit is that if the Probationer successfully completes all of the requirements, at the end of the term of supervision the case is dismissed. He will NOT have a final conviction on his record. Later, if the Code permits, he can file a Petition for Non-Disclosure and have the record sealed.
Pre-Trial Diversion actually allows the Accused to wipe the record away clean. It is a gentleman's agreement between the Defense and the District Attorney to dismiss the case if the Accused commits to a certain task. Usually a class or counseling. Once the Defendant comes back with proof that he has taken the class or completed the task, the case is completely thrown out. That can be expunged from his record with a separate petition.
Whatever the State offers, it is up to the Defendant to accept or reject their Plea Bargain. No one can force the Accused to plead guilty.
If however, the Accused refuses to accept any plea agreement. If there is nothing he is willing to sign for, then the only option at that point is to go to Trial. Those are basically the two choices: either take a plea or go to Trial. What the person's chances are at Trial cannot be determined until all of the evidence is reviewed thoroughly. And even then, no one knows exactly what a Jury is going to do, but an experienced Trial Lawyer can hazard a guess.
Once the Judge or the Court Coordinator calls the docket, (the list of cases for the day), they will likely ask three questions:
1. "Do you have an attorney?"
2. "Do you need time to hire an attorney?"
3. "Would you like to apply for a Court Appointed Attorney?"
Unless the Defendant is completely indigent, he will likely not qualify for an attorney appointed by the court. If he has an attorney, then he can just give the lawyer's name and have a seat. Nothing is going to happen until the attorney arrives. No one is allowed to speak to the Accused about the case if they have representation. If the lawyer has other cases in other courts, one could take the opportunity to get a cup a coffee or smoke a cigarette while they wait for the lawyer to arrive. Defense Counsel should notify the Court Coordinator if he is occupied in another court. If the Accused needs time to hire, the Court Coordinator will likely give that person a two or three week reset to hire someone. This will not happen more than two or three times. Afterwards, the judge may apply pressure to make sure the Accused hires counsel.
Once Counsel arrives he should be able to pull the State's file and go over what evidence they have available at the time. At least the Offense Report should be available. Videos, lab reports, bodycams, blood work, DNA, photos, etc. will all take more time to acquire. The State must produce all of that for inspection by Defense Counsel. Therefore, in all likelihood, the case will be reset to allow more time for the collection of evidence.
Once all the evidence is in, an experienced Trial Lawyer should be able to give his client a good idea about their chances at trial. However, half the battle is won or lost at Jury Selection so it's difficult to gauge a Defendant's chances of victory until the Jury is in the box. But that won't be until the day of trial. In the mean time, the DA will likely make an offer on the case with a specific recommendation for punishment. This is known as the Plea Bargain.
Like any bargain, this part of the process is a negotiation: one gives something, he should receive something in return. In this case, in exchange for giving up the right to a Jury Trial the DA may offer a reduced sentence, a reduction of the charges, no jail time or a chance to keep the Defendant's record free and clear of a conviction. However, no one can force a Defendant to sign a plea agreement: not the DA, not the Judge and especially not his own attorney. If the Accused wants his day in court, he will get it. It is guaranteed by the Constitution of the United States.
Clearly, no attorney should comment on a specific case unless and until he's had a chance to look at the file, review the offense report and speak with the DA. But if the Accused is offered a deal it is important to understand what is on the table. A Plea Bargain is based on three things:
1. The Defendant's prior criminal history.
2. The facts of the case at hand.
3. Whatever the victim or law enforcement wants to do.
A DA is legally authorized to consider anything and everything a Defendant has ever been arrested for above a traffic ticket whenever they are deciding what they are going to offer as a plea agreement. This includes juvenile cases, cases that were ultimately dismissed and cases that happened in another state. Obviously, a newbie that's never been in trouble with the law will be treated very differently than someone with an extensive criminal history.
The facts of the case are important because if they essentially caught the Accused "red-handed" they don't have to offer a good deal. They know if the Accused goes to trial with a mountain of evidence against him he is likely to lose and the Judge or the Jury could sentence him to more time than what the DA is offering. On the other hand, if it's a weak case then the State is hopefully going to make the Defendant an offer he can't refuse.
It is the stated policy of most District Attorney's offices to not make an offer to a Defendant unless and until they have made a good faith effort to contact the alleged victim of the crime, also known as the Complaining Witness ("CW"). They will call, send certified letters, even send investigators to talk with the CW. If the alleged victim wants the Accused buried "under the jail" the DA will probably offer a harsher punishment. If the CW does not want to participate, doesn't care, isn't that sympathetic or just doesn't want to testify, then hopefully the DA will offer something more reasonable.
Cops generally don't get involved in plea negotiations unless the suspect gave them a hard time when they were trying to take him in or unless the Accused has material information that they can use on a subsequent investigation on someone else. Again, whatever is offered, it is COMPLETELY in the hands of the Accused to accept or reject the State's Plea Bargain. The Defendant is the one who makes the final call on going forward to trial or signing plea agreement.
If the State may offer one of three things to convince the Accused to plea:
1. Probation.
2. Deferred Adjudication.
3. Pretrial Diversion.
Probation is community supervision that allows the Defendant to stay out of prison. It is a final conviction on the Defendant's record with all of the long term consequences of a stay in prison. It will remain on the Defendant's criminal history forever. Although it allows a Defendant to stay out of prison, it is not easy. One has to report in at least once a month, submit to random urine tests, usually do some form of community service, often take classes or submit to therapy, pay restitution, fines, court costs, etc. Failure to complete any one of these conditions could send the Probationer to prison.
Deferred Adjudication, functionally, is exactly like Probation. The Defendant has to follow all of the same conditions if he wants to stay out of prison. However, the added benefit is that if the Probationer successfully completes all of the requirements, at the end of the term of supervision the case is dismissed. He will NOT have a final conviction on his record. Later, if the Code permits, he can file a Petition for Non-Disclosure and have the record sealed.
Pre-Trial Diversion actually allows the Accused to wipe the record away clean. It is a gentleman's agreement between the Defense and the District Attorney to dismiss the case if the Accused commits to a certain task. Usually a class or counseling. Once the Defendant comes back with proof that he has taken the class or completed the task, the case is completely thrown out. That can be expunged from his record with a separate petition.
Whatever the State offers, it is up to the Defendant to accept or reject their Plea Bargain. No one can force the Accused to plead guilty.
If however, the Accused refuses to accept any plea agreement. If there is nothing he is willing to sign for, then the only option at that point is to go to Trial. Those are basically the two choices: either take a plea or go to Trial. What the person's chances are at Trial cannot be determined until all of the evidence is reviewed thoroughly. And even then, no one knows exactly what a Jury is going to do, but an experienced Trial Lawyer can hazard a guess.