ANSWERS: 1
  • Many criminal cases end in negotiated settlements with the defendant entering into a plea agreement. The negotiations between the defense and prosecution to reach a plea agreement takes time to conclude. A status hearing is used by the court when plea negotiations are ongoing.

    Function

    The primary function of a status hearing in a criminal case is to keep the court and all parties up to date on the proceedings. Specifically, a status hearing is used to keep track of plea negotiations in a case.

    Time Frame

    Although the time frame varies from case to case, many courts set a status hearing every 30 days during plea negotiations.

    Features

    A status hearing normally is conducted as part of a larger docket of cases before the court. The prosecuting attorney and defense counsel report to the court on plea negotiations and other matters.

    Effects

    The use of a status hearing keeps criminal cases moving efficiently through the justice system.

    Considerations

    Courts will not permit a case to drag on endlessly from one status hearing to another. There needs to be some evidence that the case is moving toward a plea agreement.

    Source:

    "Emanuel Law Outlines: Criminal Procedure;" Steven Emanuel; 2007

    "Criminal Procedure;" Joel Samaha; 2007

    Resource:

    American Bar Association: Section of Criminal Justice

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