Your first hearing, is called an initial hearing. At this hearing, the Court will advise you of your Constitutional Rights:
- a public and speedy trial by
- to confront and cross examine witnesses against you
- to subpoena witnesses at no cost
- to require that the State prove you guilty beyond a reasonable doubt to remain silent
- to appeal any decision made by the Judge
The next important date is called an omnibus date. The omnibus dates may or may not be an in court hearing. However, (he date is very important because it used to establish deadlines for the filing of certain motions and defenses.The Court will also advise you of your criminal charges, furnish you with a copy and enter a not guilty plea on your behalf. Lastly, the Court will also set future dates which may include, a pre-trial, omnibus date and bench trial or jury trial.
The next date which may be at the same time as the omnibus date is called a pre trial conference. This hearing may be a formal hearing where the Court asks questions concerning the status of your case or may simply be an informal discussion between the prosecutor and your Attorney. This is generally where plea agreements are negotiated or it is agreed that the case is set for trial.
It will be solely your decision whether to accept any plea agreement offered by the prosecutor. If you accept the agreement, and the Judge accepts it, none of the terms can be changed. If the Judge does not accept the agreement, it will be as if the plea agreement was never negotiated and your case will be set for future hearings or;
If necessary the last dale is the trial of your case: In the past, I have always recommended that my client demands his right to a trial by jury. All felonies are automatically set for this type at trial. I a misdemeanor case, you must timely demand a jury trial in writing. At the trial, your case is judged by a jury of your peers.
