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PRETRIAL Caseload Case TypeOTHOther HearingXPPF***Provide ProofPTRPre-Trial HearingPTRPre-Trial Hearing8 more rows
The pretrial conference is generally held approximately two weeks prior to trial. The attorneys report to the Judge on the progress of their case and if the case is ready for trial or if the case has reached a settlement. The trial date may be continued at this time if additional preparation is needed.
Gross misdemeanor charges (364 days, $5000 max.), such as DUI, Fourth Degree Assault and Theft in the Third Degree, must be filed within 2 years of the date of the crime. The rules for Felonies are much more complex. The general rule is that a felony charge must be filed within 3 years after commission of the crime.
During the pre-trial phase of the process, the court will set hearings to track the case and check in with the attorneys regarding their readiness to go to trial or resolve by a plea. These hearings are called omnibus hearings.
Stipulated Order of Continuance (SOC) The defendant is required to waive his or her right to a speedy trial and to agree to submit the case on the basis of the police reports if the conditions are not satisfied.
Generally, diversion programs are for non-violent misdemeanors. If the criminal charge is for a violent or a serious crime, like a felony offense, courts tend to think that it is too much of a risk to release you to a diversion program. Many pretrial diversion programs involve counseling and treatment.
In a pretrial diversion the prosecutor halts the case against the defendant so that the defendant can meet certain conditions. These conditions can include probation, counseling and community service, among others.
Conditions of release can include, but are not limited to, drug testing (urinalysis testing), reporting to the assigned officer, location monitoring (ankle bracelet), have no contact with witnesses or co-defendants, or any other conditions deemed appropriate.