THE PRE-TRIAL PHASE: COURT DATES, BOND CONDITIONS, AND WHAT IN THE WORLD IS GONG ON?

Probably one of the most confusing concepts for clients is how the pre-trial process works and why it takes so long. This phase of the case can last for several months to a year (or more in complex DUIs or Felonies) and include up to 15 or more court dates. Other questions that surface in this phase involve how long a person might have to keep the SCRAM or GPS devices on (or a drug patch) and whether or not they have to appear in court. Here are some bullet points to keep in mind as your case moves through the longest and sometimes the most important phase of the criminal case.

COURT DATES:

The initial court date after the first appearance (the hearing you go to the day after your arrest) is the arraignment. The arraignment is an un-eventful hearing where the only purpose is to announce the charges and have counsel for the defense formally enter a plea of not guilty on the record. Many jurisdictions have essentially done away with the arraignment by permitting attorneys to file waivers of arraignment. Rarely will anything important or substantive happen at the arraignment. The same is true for many of the subsequent pre-trial hearings that occur after that. This is because the attorneys are still putting the files together, collecting discovery and reports and scheduling depositions. These “house-keeping” matters are typically all that is addressed at many of the pre trial hearings which is why its important to remember that you will not receive updates after every pre trial hearing. But rest assured, anytime there are meaningful updates, you will be notified.

Because the vast majority of these court dates are non-substantive, a waiver of your appearance will be filed so that you will not have to attend court. This status will remain in place until one of a few things occur. One hearing where the client is usually expected in court is when the case is resolving though a plea agreement with the state. Other examples might include where the client has requested a modification to their release conditions or a trial. Rest assured, you will receive advanced notice of any requirements to appear in court. Some jurisdictions automatically send out court date notices to the clients even when those hearings don’t require your appearance, so those notices can be disregarded.

SCRAM AND OTHER RELEASE CONDITIONS OF BOND:

Many people who bond out (or released on their own recognizance, aka “ROR’d”) will either be placed into a Pre Trial Services program or be required to wear a device such as the SCRAM or drug patch (common in most DUI cases), or a GPS monitoring device. Because these are considered “Pre-Trial Conditions of Release”, you must abide by these conditions until your case is resolved. A failure to do so could result in re-incarceration. In rare cases a Judge may agree to reconsider some conditions. For example, where there is an urgent concern with someone’s job (e.g., a lifeguard wearing a SCRAM) a motion can be filed to request a modification of certain release conditions. However, its important to remember that it is often times difficult to have these conditions modified unless there are very good grounds. There are also fees involved in conducting contested hearings where the state objects to the modification request.

MISCELLANEOUS HAPPENINGS IN THE PRE TRIAL PROCESS:

Shortly after retaining our firm, you will receive an engagement letter outlining many of these issues. You will be invited to review the discovery we send you and to make notes and send to your attorney if you’d like. You will also be encouraged to send in mitigation documents to aid us in our negotiations with the state.

For more information on these issues, refer to the engagement letter or text, email or call us. Thank you again for trusting our firm with your case!

Criminal Defense Lawyer in Jacksonville, Florida

For those who have their DUI charges reduced to Reckless can expect to pay significantly less in many of the above categories and can also avoid some altogether. For more questions on these potential costs, call our office today, our Jacksonville DUI Defense Lawyers are ready to assist you!