Pretrial Conference

If a "Plea Agreement" has been worked out between the defense attorney and the prosecutor for a lesser included offense, then a Change of Plea will occur. Normally this is set for a specific date. After a Plea Agreement has been entered into, the judge can decide whether he is going to "defer" acceptance of the plea until the "Sentencing" date, or accept the Plea Agreement on the spot. The problem with accepting it on the spot is that the judge can then take you into custody right then and there. Normally we will "Defer Acceptance" of the plea until a "Presentence Report" is written up, in order to allow the judge to leave you out of custody for the next month or so. (See definition below).

If a Plea Agreement is not reached during the Pretrial Conference phases, a Defendant can then have his case set for trial (either "Jury Trial" or "Bench Trial"- see definitions below). A Jury Trial would be comprised of jurors from the community. A Bench Trial would involve doing the trial directly to the judge.

 
 
TOP
Areas of Practice
  • DUI's & Vehicular Crimes
  • Sexual Offenses
  • Drug Offenses
  • Assault/Violent Crimes Against People
  • Fraud/Theft & White Collar Crimes
  • Crimes Against Property
  • Precharge 'Investigation Stage' Cases
  • Additional Crimes
  • Release Hearings & Extradition Cases
  • Probation Violations/Sentence Modifications
  • Forfeiture Cases
 

If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon PLLC - www.cantorsimon.com

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