After the preliminary hearing, the lawyers appear before the judge to advise the court on the progress of the case. If there is a plea, lawyers will inform the court of the resolution and record the plea by stating the terms of the decision in open court. If an application hearing is required, lawyers will inform the court of the status of any pre-trial application and request a hearing date on these and other issues. If the case is more complex, lawyers can simply inform the judge of the status of the case and plan a future pre-trial conference. A pre-trial conference (often referred to as a “CPT”) is the next court hearing in a criminal case of a minor offence after the indictment. A CPT is usually an informal meeting between the prosecutor and the defendant, or the prosecutor and defence lawyer if the defendant has a lawyer. This informal meeting usually takes place outside the courtroom. Category: Tips & NewsTag: Litigation, Criminal Law In at least 28 states, court-affiliated arbitration or mediation is automatic in many cases, for example for those below a certain amount. Even if these cases must first go to arbitration or mediation, the losing party can sometimes appeal through arbitration or mediation, sending the case back to the court system. If a defendant lives out of state or is geographically distant from the court, counsel can almost always arrange for the defendant to appear by telephone when his or her presence in court is required. In some courts outside Maricopa County, pre-trial proceedings may take place in the courtroom. This limits the discussion that can take place between the prosecutor and the accused/defence lawyer. In these cases, it is advisable to ensure that there is some communication with the prosecutor before the CPT.
If it is clear that no agreement can be reached, and the prosecution and defence believe that all investigations have been completed and there are no outstanding issues that need to be resolved before trial, the court will set a hearing date. If a case has not been resolved, many courts set a date for a thematic conference. Lawyers usually appear before a judge at this hearing without their clients and try to agree on undisputed facts or legal issues. These agreements are called provisions. The thematic conference can shorten the actual time of the process by setting points that do not need to be proven during the trial. If an agreement cannot be reached through pre-litigation conferences, the judge sets a date for the hearing. If the prosecutor pleads reasonably guilty, it may be possible to dismiss the case at the pre-trial conference. If further investigations are needed (gathering more evidence or interviewing witnesses) or if more time is needed to discuss a settlement, the court will determine another PTC in the future, often about 30 days in advance. In order to realistically assess the possibilities of resolving the case without trial, the prosecutor and defence counsel must have a good understanding of what the accused is accused of and the evidence they will use to try to convict the accused.
If you request a case while you are in court, the Court of Mention may set a date for the pre-trial conference (PCC). You may request a change to your PTC data in writing or through the Integrated Case Management System (ICMS) (for state court cases) or by email to Supcourt_Registry@supcourt.gov.sg (for Supreme Court cases) if you have valid reasons not to appear in court on the scheduled dates. A plea usually involves the defendant agreeing to plead guilty or not to contest a crime less serious than the one with which he or she was charged. Most people see plea negotiations as an advantage for everyone involved: the prosecutor receives a conviction, albeit for a lesser charge, and the accused receives a less severe indictment and sentence than they initially faced and will have less impact on their lives and futures. In some jurisdictions, certain types of disputes, such as Disagreeing over custody, are referred to a third party who is trying to facilitate a settlement. If the court has such an alternative dispute resolution (e.g., arbitration or mediation), the judge may refer the matter to this program at that hearing. In arbitration, the dispute is submitted to a neutral third party, who makes a decision after hearing the arguments and reviewing the evidence. This is usually faster and cheaper than a full-fledged study. As part of mediation, a neutral external mediator helps the parties resolve their differences in negotiations.
The mediator uses various techniques to help them reach an agreement, but is not allowed to decide the case. Arbitration and mediation are usually private, so they have the added benefit of helping parties avoid publicity. Once the judge has dealt with these pre-trial requests, the prosecutor and defence counsel will have a better understanding of the evidence presented and the evidence excluded, which can lead to more realistic trials. In an administrative offence case, the defendant pleads guilty, not guilty or not contested. There is no separate probable cause hearing. A defendant who pleads guilty or unchallenged so early in the trial often receives a lighter sentence because he has made it clear to the judge that he is admitting his wrongdoing and does not want to waste time in court. In some courts, the pre-trial conference may be the first opportunity for the lawyer to meet with the prosecutor to discuss the case. Discussion topics include any available evidence or defenses, as well as any means to resolve the case before trial. Because Arizona`s Rules of Criminal Procedure are drafted, prosecutors are technically required to make their first disclosures at the first pretrial conference. Defense attorney Robert Elmen proudly represents people who have been charged with a crime. They will review your case, challenge the evidence against you, and vigorously defend your rights in court.
Some courts may require the accused to attend pre-trial conferences. In other cases, the lawyer may want the defendant to come for a variety of reasons. For example, if an agreement has been reached, the defendant must be present to enter into that agreement. Or, if a decision is expected to be made that requires the defendant`s participation, the defendant may need to be present. A pre-trial conference is not a process. No evidence or witness statements are presented, and a judge will not usually hear arguments on the merits of the case. The judge`s role in the pre-trial conference is simply to ensure that the case moves forward. The judge can hear arguments on procedural issues such as discovery or time issues, but that`s about it.