Criminal Case Procedures

criminal case

Criminal Procedure > Indictment & Pleading Issues > General Matters > Names > Victim’s Name—generally

If the sentencing decide is unavailable and the matter issues a continuance, it ought to first be directed to the 2 criminal continuance judges, then to the obligation choose. By settlement of counsel, co-defendants who plead responsible and are before the Court on charges arising out of the identical incident or incidents (no unrelated charges), are to be sentenced by the first choose accepting a responsible plea from any one of the co-defendants. E. Setting Cases for Guilty Pleas in Advance of the Trial Date. If the defendant expresses an equivocal intent to plead responsible, counsel may schedule the matter on the docket upfront of the scheduled trial date for an anticipated guilty plea without bringing witnesses. If the guilty plea is then tendered and accepted by the Court, the Clerk shall cancel the trial date and counsel shall launch subpoenaed witnesses.

Upon figuring out that an in-courtroom legal clerk, bailiff, and court docket reporter, if needed, are available, the decide shall effect, by way of the clerks, the switch of such instances as are but to be heard. The scheduling order might be prepared and signed by the defendant’s legal professional, the Commonwealth’s Attorney, and, if practical, the defendant, indicating the agreed upon trial, discovery, and motion dates. Guilty pleas are to be scheduled inside 60 days of Grand Jury Day until the scheduling order states good cause for a delay. If on the time of the preliminary hearing the Commonwealth’s Attorney and defense counsel have agreed to cut back a felony to a misdemeanor, a plea of responsible should be entered in the District Court.

Free lawyers usually are not supplied by the government in civil instances. Further time is needed for investigation except, before the scheduled trial date, counsel has established to the Court’s satisfaction that due diligence has been exercised and that counsel would otherwise be ready and prepared for trial. The defendant desires to rent a brand new lawyer after beforehand declaring indigency and having obtained courtroom-appointed counsel who is prepared and prepared for trial. Absent extenuating circumstances, all such matters concerning a specific defendant shall be directed to and heard by the sentencing decide.

If felony costs are certified to the Circuit Court, a scheduling order complying with paragraph C might be prepared. Except by leave of court docket any legal professional who wishes to be substituted as counsel in a pending case with a scheduled trial date must be available to symbolize the defendant on the scheduled trial date or on a date acceptable to the Court. If the particular person was not arrested, or if the person arrested was allowed to publish bail or a bond, this course of may be delayed by the arresting agency or the prosecuting agency for some comparatively quick time frame.

The Court expects that every case set as a plea of not guilty shall be adjudicated on that trial date. Counsel could excuse witnesses solely after the defendant unequivocally signifies an intention to plead guilty. In instances involving a plea agreement, an unequivocal intent to plead responsible is described in the third sentence of part IV B. t is the policy of the Court that at the conclusion of a civil or a legal docket, all judges shall assist each other in hearing instances not but adjudicated. The in-court felony deputy clerk, bailiff, or the choose, when a civil or legal docket is concluded, shall verify all courtrooms and determine the standing of the remaining felony instances.