Status Hearings In Criminal Cases - Cornerstone Law Firm

Status Hearings in Criminal Cases

If you are checking the docket in your criminal case, you may see something called a “Status Hearing.” These hearings are also sometimes referred to as “Call of the List” or occasionally “Disposition Dates.” These are all generally referring to the same thing, although different counties sometimes have distinctions between these different types of dates.

What is a status hearing?

In general, a status hearing is simply a date for the judge to check in with the prosecutor, criminal defense attorney and the criminal defendant on how the case is going and whether it will be resolved without trial. Much of the criminal justice system is geared toward being efficient and dispensing with unnecessary trials. Judges can sometimes use these dates to encourage the parties to reach a plea agreement. A prosecutor might be working in advance of this date with your defense attorney to determine an appropriate plea offer in your case. Of course, guilty pleas aren’t the only way to resolve criminal charges. Status dates also allow the judge to schedule omnibus pretrial motion hearings, to ask whether the prosecutor may nolle pros the case or to determine whether a diversionary program is a possibility.

Terms to Know

omnibus pretrial motion: An omnibus pretrial motion is a motion filed by the defendant prior to a trial. The motion can address multiple issues and challenge the prosecution’s case against the defendant. An omnibus pretrial motion may contain a motion to suppress evidence or a habeas corpus motion challenging the overall case. By addressing certain issues before going to trial, the process can be streamlined, and a more favorable outcome may be reached. Omnibus pretrial motions typically call into question things like the legality of search and seizure evidence, the admissibility of statements made by the defendant, and whether or not the evidence gathered can support the charges.

nolle pros: Nolle pros is a Latin term that translates to “unwilling to prosecute.” If a prosecutor decides to drop charges against a defendant, they have nolle prosed the case. In some instances, charges that have been formally dismissed in this way can still be re-filed later.

diversionary program: A diversionary program is an alternate program offered to first-time or low-level offenders. Instead of receiving traditional penalties like fines or jail time, a diversionary program offers rehabilitative programs through community service, education, and counseling. A common example of a diversionary program in Pennsylvania is Accelerated Rehabilitative Disposition, also called ARD.

What happens at a status hearing?

At a status hearing, if a plea is ready, the defendant can enter a guilty plea to the charges with the help of his or her attorney. Alternatively, if no plea is ready, the judge will sometimes offer a continuance, which means that a new date will be selected for a follow-up status hearing or a call of the list date. If an omnibus pretrial motion has been or will be filed, the judge may also set a date for the hearing that accompanies the omnibus to determine whether the charges should be thrown out or if any evidence should be suppressed. And of course, if the parties communicate to the judge that no deal can be reached and that any motions will not be filed, then the judge will set a trial date. The judge will then place the defendant on a trial list, so that a trial date can be set.

FAQs

Is a status hearing a good thing?

A status hearing is neither good nor bad. It is a routine court procedure. Whether the results of the status hearing are good or bad will depend upon the details of the case. Status hearings can help to move a case closer to a final resolution. Judges can review plea agreements, secure a defendant’s release, or resolve other pre-trial issues.

Can a case be dismissed at a status hearing?

Yes, a case can be dismissed at a status hearing. This does not happen often, though. Status hearings are typically for reviewing cases and addressing any administrative issues. If the prosecution or defense raises a significant argument, the judge may review the case and make a ruling, but it is rare for any serious rulings to occur at a status hearing.

Can you go to jail at a status hearing?

Similar to the last question, a defendant can be sentenced at a status hearing, but only if there is a plea agreement entered into. If the defendant has already entered a guilty plea or if a plea agreement has been reached, the judge may impose the sentence. For the most part, though, sentencing is saved for either a different hearing or after a trial.

And, of course, misbehavior in the courtroom does result in various sanctions that the judge may impose. Be sure to show up early, be prepared, be dressed well, have your phone turned off, and speak to the judge (and everyone else) respectfully.

Should you plead guilty at a status hearing?

Status hearings are primarily focused on the administrative details of the case. A defendant can enter a guilty plea at a status hearing, but should only do so if the defendant has thoroughly considered the options available. Making a guilty plea can have significant consequences and should not be made lightly. An experienced criminal defense attorney, like the ones at Cornerstone Law Firm, can help to review charges, consider evidence, and discuss options before a plea decision is made.

How long does it take to get a court date for a felony?

The length of time it takes to get a court date for a felony can vary from case to case. It will often depend on the availability of the court, the details of the case, scheduling parties and witnesses, and more. This process can take months or even years to complete.

Conclusion

Contact an experienced criminal defense attorney today if you have a status hearing coming up or have questions about how your status hearing works. It is important for you to have an experienced criminal defense attorney helping you with your case. Contact the criminal defense attorneys at Cornerstone Law Firm to discuss your next steps and what your options are.

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