Most people retain my services before their Arraignment Hearing. At arraignment, defendants are formally charged with the crime. A plea of “Not Guilty” is entered and the court addresses “Conditions of Release.” 

The judge will order the defendant to either engage or refrain from certain behaviors while the pre-trial process plays out. In DUI cases, for example, the judge will order the defendant to refrain from drinking alcohol or using non-prescribed medication until the case is resolved. 

Judges can order defendants to jail and/or set Bail. Bail is the amount of money a defendant must post to get out of jail during the pre-trial process. 

At the end of the Arraignment Hearing, the Court Clerk will set another Pre-Trial Hearing, sometimes called a Pre-Trial Conference, Case Setting Hearings or Omnibus Hearings. These hearings are usually spaced about a month apart. It is common to have multiple pre-trial hearings.

The purpose of the Pre-Trial Hearing is to communicate to the Court how the defendant’s case will proceed in the future. Generally, most defendants are either entering a deal or telling the Court they want to go to Trial. If the defendant is not able to answer that question, they may Continue the hearing by scheduling a new Pre-Trial Hearing, approximately one month away. The Court will ask the defendant to waive their Speedy Trial Right in return. Everyone has the right to a speedy trial within 60 days of arraignment, if they are in custody, and 90 days of arraignment, if out of custody. Waiving that right simply means the 60 or 90 day time period starts anew. 

Prior to resolving a case or setting it to trial, I will obtain the police reports and all evidence the prosecution intends to rely upon. My clients and I meet again in my office and review the law and the police reports. If an offer has been made by the prosecutor, we review it as well. In every case, my main priority is to make sure my clients are completely informed of their options. I advise my clients, but I do not steer them in any particular direction. Clients always make their own decisions.

Some cases are set to a Motions Hearing.  These are evidentiary hearings where defense counsel makes a legal argument to suppress evidence.  Witnesses are usually summoned and testimony is presented.  These hearings usually require legal research and written briefs filed in advance with the Court. Not all clients have this option. A legal issue must be present to make the argument to suppress.

Cases that are set to Trial require a Readiness Hearing (a.k.a. Jury Call Hearing).  The purpose of this hearing is simple and administrative in nature.  The Court wants to know that both sides are ready to go to trial.

Very few cases actually go all the way to Jury Trial.  Some Jury Trials can be tried in a day.  Most require at least two days.  Some can take weeks.  Because so few cases actually go to Jury Trial,  I do not charge my clients with any trial fees until after the Readiness Hearing.  This is the moment we know for sure the case is actually going to trial.  Until then, I do not charge my clients for Trial because no one should pay for a service that is unneeded.

When a case is resolved and my client is placed on Probation, I remain their attorney. Probation can either be Active or Non-Active. 

Active Probation means the defendant has affirmative conditions to meet, like alcohol or drug counseling.  They are required to meet with a Probation Officer who monitors whether the defendant is in compliance. 

Non-Active Probation means the defendant does not meet with a Probation Officer.  In either case, if the Court believes the defendant is in violation of their sentence or diversion program, then it will set a Review Hearing to address the allegation. Defendants normally spend anywhere between one to five years on probation.