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The Different Types of
Court Dates in Your DUI Case
By Tom
Hudson
As your DUI case progresses,
there are generally three types of court appearances before it
becomes time for a trial. They are Pretrial Conferences, Motion
Hearings and Docket Soundings.
1. Pretrial
Conferences--PTC's are purely housekeeping meetings. They are not
hearings (where arguments are made and issues are decided). They are
only conferences. The PTC is the conference between the judge,
prosecutor and defense lawyer at which we compare notes on the
status of the case. The lawyers report to the judge about the
progress of the "discovery" process--whether depositions will be
taken, whether witness lists have been exchanged, whether we are
still waiting for business or medical records, whether there are any
special problems in preparing the case for trial--that sort of
thing. The PTC can have just two results--setting the case for
another PTC (usually in a month or so) or putting the case on the
trial calendar.
2. Docket Sounding--Once the case has been
scheduled on the trial calendar, the Docket Sounding is the last PTC
before trial. Just like any other PTC, it is strictly about
housekeeping. However, most times, our client has to be present for
the Docket Sounding. The judges want the client to be present for
Docket Sounding so that they are sure the client knows that the case
is being set for trial. Sometimes, if we have worked out a plea
bargain, the Docket Sounding is the time when a plea is entered and
the case is finished. Otherwise, the case will either be left on for
trial or continued to a later pretrial conference, change of plea or
docket sounding date. The judge will usually excuse the presence of
an out of town client from Docket Sounding, so that they do not have
to attend. If you live farther than 50 miles away from the
courthouse, ask us about this.
3. Motion Hearings--Often,
we will file a Motion to Suppress Evidence or a Motion to Suppress
Statements. Usually, this is because we believe that the police did
something wrong in stopping, investigating or arresting you. We are
asking the court to exclude certain evidence from the case because
of what the police did wrong. We will want you to be present for any
Motion Hearing. Normally, the officers will testify, and we need you
there to help us to take notes and tell us if the officer says
something that you think is not correct. This is also a chance for
you to see your case being argued before the judge, and it will give
you a good preview of what a trial would be like.
At the
Hudson Law Office, ANY TIME that you will be needed in court (no
matter what your bondsman or anyone else says), we will explicitly
tell you to be there. You do not have to guess. If you are needed in
court, we will send you a letter approximately one month before your
court date. We will then follow up the week before your court date,
to confirm that you received the letter and to make sure you know
where to appear. If we haven't told you to be there, YOU DO NOT HAVE
TO BE THERE. You may attend any court dates you like. It is a public
courtroom, but we try to help you avoid the inconvenience of having
to appear unless it is really necessary.
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