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Understanding Court Hearings

Awaiting your first court hearing can be an unsettling experience, especially if you aren’t sure what’s going to happen. Even worse, every district has different kinds of hearings, different names for the same kinds of hearings, and different requirements to follow. That’s why it’s vital to seek not only an experienced defense attorney, but a defense attorney with experience in the district your hearing will take place. If you’re facing the world of Kissimmee court hearings, contact Hanlon Law today to schedule a free consultation. 


What is a Court Hearing?


“Court hearing” is a broad term that encompasses a variety of different steps in the criminal process. Generally speaking, though, a court hearing is a meeting held in a courtroom, attended by a representative for the prosecution, a representative for the defense, and a judge. 


Advisory and Bond Hearings


An advisory hearing (also called a bond hearing, initial appearance, first appearance, etc) takes place early in the criminal process to determine a defendant’s bond amount if one has not already been determined. You may or may not be required to attend this hearing; sometimes, your lawyer can attend on your behalf, but in some cases (such as cases of domestic violence) you are required to appear in person.


An advisory hearing may also be held if you cannot post bond upon your arrest. This hearing is an opportunity to procure a lower bond that you can afford, or to convince the judge that you can be released on your own recognizance.


Arraignment


An arraignment hearing (usually just referred to as “arraignment”) occurs once formal charges have been filed. At this hearing, the presiding judge will announce the formal charges, the evidence against you, and the potential sentencing related to the crime. You will then enter a plea – usually “not guilty” at this point, so you and your legal team have time to review the evidence against you and determine the best strategy for your defense. 


Generally speaking, you are required to attend this hearing if and when it occurs. However, if you already have a defense attorney retained prior to this meeting, he or she may be able to file a written plea of not guilty. This written plea takes the place of a formal plea in court, and no arraignment will be scheduled.


Pretrial Hearings


Pretrial hearings (also called calendar calls, preliminary hearings, dispositions, and status hearings in various districts across the state) are the most common form of court hearing. These hearings are used to update the court on the case’s status, and to ensure that the case is progressing at a reasonable pace. A pretrial hearing will also be held if the defense or prosecution file a pretrial motion. The motion will be reviewed and either accepted or denied at the hearing.


The court may or may not get involved in managing the case if it feels things are taking too long or there is not enough attention being paid to the case by the prosecution and/or defense. Though there is not a specific timeline that is enforced, five to six pretrial hearings are generally allowed before the court will begin pushing for a trial to be scheduled.


“Last Call” Hearing


A “last call” hearing is a final pretrial hearing called by the presiding judge to give the defense and prosecution one last chance to reach a resolution without taking the case to trial. Depending on the circumstances of the case, plea negotiations may or may not be banned after the “last call” hearing. 


Trial


Though not really a hearing, the trial is definitely the most sensationalized court appearance in television and movies. At trial, both the defense and prosecution will have the opportunity to present physical evidence, testimonies, and other arguments for or against a guilty verdict. A judge will preside over the proceedings to ensure all laws are followed, and a jury will listen as both sides present their case before putting the verdict to a vote. 



Kissimmee Criminal Defense Lawyers


Despite the slew of differing names and the minutiae of requirements, a court hearing isn’t actually all that complicated. And with the help of an experienced Kissimmee defense attorney, they don’t have to be scary at all. At Hanlon Law, our legal team has nearly two decades of experience in the courtroom. We’ll walk you through every step of the process and take advantage of every opportunity to advocate on your behalf. Take the first step to securing your best possible outcome by calling Hanlon Law today.

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