There are several steps in a criminal case that require assistance with legal representation, prosecuting lawyers and other important persons. The preliminary hearing setting conference has the date set specifically for the preliminary hearing used for the case of whatever charges were issued to the accused.
There are other processes that occur during this hearing conference to include possible negotiation of plea bargains. The prosecutor and defense lawyer come together to attempt a negotiation between them for the alleged perpetrator of the crime. A bargain is either struck or not, which may resolve or prolong the court case and other processes.
Judges often welcome plea bargains as this is a resolution of everything and the next case may then be initiated. If more time is necessary for negotiation, the judge may delay the preliminary hearing date. Once the preliminary hearing conference occurs, any offer or specific terms of a possible plea bargain are heard by the accused individual. During this hearing, witnesses provide testimony for what they observed occurring. In some instances, a new prosecuting lawyer is assigned the case during the hearing which requires new rapport which may affect the plea bargaining. After the preliminary hearing has completed, there are several other steps that take place even if negotiation was accomplished between lawyers and the defendant.
Additional Preliminary Hearings
In some cases, the defendant must go through additional hearing setting conferences. This may be discouraged by the judge presiding over the case, but some judges allow more time than the initial hearing so that a negotiation may be reached by prosecuting and defending legal representatives. This longer period may encompass other factors such as the pre-plea report which is the report provided by the probation officer. These individuals are usually prompted to complete this pre-plea report by a judge so a defense lawyer may understand what he or she has to work with when conferring with the prosecution. While this account is created after a plea has been issued by the defending party, it does provide a recommendation for possible probation if the accused is a suitable candidate. This frequently is considered through prior history, age, factors of the crime, mitigating factors and aggravating factors.
Probation Considerations
Eligibility for probation instead of or in addition to other penalties is not always an option for all cases. When applied as the only means of punishment, probation is not possible for cases of murder or specific sex offense violations. In instances of sex offenses, the defending party may request a Static 99 analysis report that evaluates the possible chances the accused individual may offend in the same manner in the future. Negotiation for a plea bargain or lesser penalties is possible when a good score has been received from the report. A bad score means the likelihood that the person commits further sex offenses is high enough to demand harsher sentencing.
Discussing the Case
During the preliminary setting conference, there are additional opportunities provided for all parties to communicate about the case with the judge, sort through problems and explain or understand areas of immediate concern. This is when the criminal defense lawyer may request a high bail be reduced or a release of the defendant. He or she may also explain to the judge and prosecuting lawyer certain facts regarding the case that haven’t been mentioned in either the police or pre-plea reports. With the motion to reduce or eliminate bail, the defense lawyer might produce his or her intended target or in some instances, reach the plea bargain.
Resolving Discovery Issues
It is during the hearing that an opportunity to resolve possible discovery issues may arise. Video or audio recording referenced through police reports may have been supplied, but prosecuting lawyers did not provide them. These should be requested before the preliminary hearing if possible for review and examination. Other instances of unrecorded or hidden evidence may be an issue that requires resolution. The defense lawyer might have to resort to sifting through all processes from the initial arrest or source of information about the case to the current proceedings.
Other information may be requested through filing what is known as pitches motions. These may be necessary in certain cases to ask the judge for the police officer’s personnel record. This could reveal any history of false arrests, coerced confessions of accused individuals, evidence that was planted, excessive use of force or racial profiling specific persons. Though this is often requested for cases that involve resisting arrest, the information may be directly relevant to the defending party’s circumstances.
EmoticonEmoticon