The most common and frequent court hearing during a criminal case is a hearing called, a Docket Sounding. This hearing is primarily used as a device to keep the case from following through the cracks, as the judge ensures that the case is continually moving forward towards a resolution. Here’s how it works.
After you’re arrested, you are taken before a judge at hearing, called an Initial Appearance. At the hearing, the judge decides whether you should be released from jail and, if so, under what conditions. After your Initial Appearance, your case is scheduled for an Arraignment. At the Arraignment, the judge will advise that you have been charged with a crime and take your plea, which will usually be Not Guilty. Then, your case is scheduled for a Docket Sounding and a Trial. Don’t worry – this doesn’t necessarily mean your case is going to trial – only that it is scheduled for trial. The Docket Sounding is a precursor to a trial – meaning, it allows the parties to go before the judge to determine if the case is going to trial or if the parties need more time.
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The courts schedule cases on a Docket Sounding for two reasons.
First, every criminal defendant has the right to Speedy Trial, meaning your case has to be brought before the judge and you must be afforded the right to a trial within a certain period of time. Thus, scheduling your case for a Docket Sounding and Trial merely ensures that the criminal justice system is complying with your Speedy Trial Rights.
Second, the Docket Soundings afford the judge an opportunity to get a status check on the cases. Is this going to be a plea? Is this going to trial? Are there lots of witnesses and investigations to track down? If the judge didn’t have a Docket Sounding, she wouldn’t know. Or, she would have to make special calendars to check in on these cases. The Docket Sounding makes this a lot easier. Phrased differently, if the cases were not automated to be checked on periodically, it would be chaotic.
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So, at any given time, a case will always be scheduled for a Trial and, about 10 – 14 prior to that, scheduled for a Docket Sounding.
At a Docket Sounding, . Here are only three things that will happen: 1) you and your attorney announce that you are accepting a plea offer from the prosecution, 2) you and your attorney announce that you are ready to go trial, as scheduled, or 3) you and your attorney announce that you need more time and, thus, request a postponement, otherwise called “a continuance.” Depending on the Judge, if you have decided to accept a plea offer, the Judge might accept your plea at the Docket Sounding or she may schedule a date for you to return to court and enter a plea agreement. The decision as to whether you will go to trial or enter a plea depends on the type of charges against you, and your thoughts on what type of offer has been made by the prosecuting attorney. At Alan Fowler Law, PLLC, we consult with our clients on what we will do at the Docket Sounding, and we generally handle the Docket Soundings with our clients, so they do not have to miss work or go through the trouble and expense of traveling down to Key West.
If you have questions about docket soundings or DUI defense, call our office for answers. Call an experienced criminal defense attorney in Key West.
Source: https://t-tees.com
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