Do I have to go to court?

In any given criminal case there may be several court dates. The following is a list of typical court dates that may occur in a criminal case:

• Initial Appearance
• Arraignment
• Counsel Review
• Docket Sounding
• Pretrial Conference
• Motion Hearing
• Trial/Violation of Probation Hearing
• Sentencing
• Sentencing Review

Initial Appearance

An Initial Appearance is usually the first court date that a person accused of a crime may encounter. The purpose of an Initial Appearance is to determine if a person who has been placed under arrest for an alleged crime is being held on sufficient evidence. Such a hearing will usually be held within 24 hours of the person's arrest. At the Initial Appearance, the accused will be advised of his or her various rights, will be told the nature of the charges against them and an initial determination as to whether or not the person will be released on reasonable conditions will be conducted. A person has the right to be represented by an attorney at such an Initial Appearance. If a person is released from jail on bond prior to such an Initial Appearance, then there is no need for the Initial Appearance, and one will not be conducted.

Arraignment

An Arraignment is usually the next court date following an Initial Appearance. Act an Arraignment, he accused is told whether or not the Government has filed formal criminal charges via one of two charging documents known as either an indictment or information. The person will be asked to enter a plea of guilty, no contest or not guilty to the charged offense/s. The person will also usually be asked as to whether or not they are or plan to be represented by an attorney. If the person is not represented by an attorney, but plans to be, then he or she may be set for a Counsel Review at a later date to determine if the person has in fact hired an attorney. It is also at the Arraignment that either a Docket Sounding or a Pretrial Conference will be set. If he accused is represented by an attorney, the attorney has the ability to file a written plea of not guilty on the person's behalf and to waive the Arraignment. If an attorney has filed such a written plea of not guilty and a waiver of the Arraignment, neither the accused or the attorney need attend the Arraignment. If no such written plea of not guilty and waiver of the Arraignment have been filed with the court by a person's attorney, then the person must attend his or her Arraignment.

Counsel Review

The purpose of a Counsel Review is to determine if a person accused of a crime has of change the services of an attorney to represent them in their case. If such a Counsel Review has been set by the court, then the accused must attend unless he or she has hired an attorney and that attorney has so notified the court. Usually, once attorney has filed a notice of appearance for the accused, the court will not require the attendance of the accused or the attorney at the Counsel Review. Of course, local rules may vary, so it is important for the attorney to check on whether or not attendance is required once the attorneys notice of appearance has been filed.

Docket Sounding and/or Pretrial Conference

Docket Soundings and/or Pretrial Conferences are usually scheduled for the purpose of allowing the court to determine the status of the criminal case. The terms Docket Sounding and Pretrial Conference are often used by different courts to describe the same type of hearing. If you are not represented by an attorney, then you are almost always required to attend such hearings. Usually, however, a person who is represented by an attorney can have their appearance at such hearings waived. The attorney, however, in such a situation would need to attend the hearing. Sometimes, however, the terms Docket Sounding and Pretrial Conference are used by courts to describe different types of hearings. In such situations, even a person who is represented by an attorney may not be able to waive their presence at the hearing. Again, local rules may vary, so it is always important to check with your attorney. When in doubt, always assume that you must attend a hearing.

Motion Hearing

There are many types of motion hearings. If you are not represented by an attorney, then you must always attend such hearings. If, however, you are represented by an attorney, then there are some motion hearings that you may not be required to attend, whereas others you will be required to attend. It is important to check with your attorney to determine whether or not your attendance is or is not required with regard to any given motion hearing. Often times, however, even if your attendance is not required, it may be prudent for you to attend anyway. After all, if a major decision regarding your case is to be made at such a hearing, your attendance shows that you are involved in your case and that it is important to you. That sends the right message to the court.

Trial/Violation of Probation Hearing and Sentencing

A person accused of a crime must always attend trial dates. The same is true with regard to a hearing being held to decide whether or not a person has violated their probation. Sentencing is the date on which the court will order whatever sanctions are to be imposed upon a person found to have committed a crime or violated their probation. Attendance at sentencing is always mandatory.

Sentencing Review

Sentencing Reviews are often set for the purpose of allowing the court to determine if a person has complied with a particular penalty that was imposed upon them at sentencing. Whether or not a person must attend a Sentencing Review varies from case to case. Often, a court will inform a person that if they have provided the clerk of the court with proof that they have complied with the penalty imposed upon them, then the person does not have to attend the Sentencing Review. In such a situation, the court will also inform the person that if they have not supplied the clerk of the court with proof that they complied with the penalty, then they must attend the Sentencing Hearing. You should always attend a Sentencing Review unless you have received specific instructions from the court that you do not have to attend if you have shown the clerk of the court proof that you complied with the particular penalty at issue. When in doubt, you should attend the Sentencing Review.

Regardless of the type of hearing, the attorneys at Faulkner Legal Group, P.A. are experienced at knowing whether a person is or is not required to attend a particular court date. Our attorneys are also experienced at being able to advise a person as to what to expect at any particular court appearance. To address these and other issues, contact us now for a FREE CONFERENCE.