The Status Hearing Defined
A status hearing is an important aspect of the criminal process. Its primary aim is to monitor the progress of a case. It provides the presiding judge with a brief update of the movement of the case and identifies other issues that may need immediate attention. Status hearings do not have a strict time frame, but occur at various times throughout the course of a case.
While most often a simple case management tool, a status hearing may also be referred to as a "show cause hearing" in situations where the prosecution is giving a defendant insufficient cooperation. For example , if a defendant’s counsel has repeatedly failed to turn over the defendant’s discovery or follow through on setting a plea hearing, the prosecution may bring the defendant, his or her counsel and his or her client before the court to explain the lack of action.
The Judge will then work with both parties to set an immediate deadline for turning over discovery or Plaintiff and Defendants are asked to provide new dates for trial so that the Court is updated on how the case is progressing.
Status Hearing Objectives
The status hearing of a criminal case is also known as a preliminary hearing or status update. It is a short hearing that is generally scheduled within 10 days after the arraignment (except in cases where there are mental health issues involved), where the judge and all parties (prosecutor, defense attorney, defendant) get together to determine about how much time is going to be needed to finish the case. Then, this information is forwarded to the Home Office, from the Circuit Court of Cook County, for assignment. The Home Office then makes the determination as to which courtroom, or division, the case will be sent to. In other words, if you are charged with multiple crimes, say, shoplifting and battery, two different divisions might be assigned to your case for the theft charge and the assault charge, based on the magnitude of each crime.
In order for the judge to determine how long the case will take, he or she will ask the prosecutor and defense attorney whether they believe there are going to be any legal issues on appeal. For example, the judge might ask whether you believe there was any illegal search and seizure under the Fourth Amendment of the United States Constitution, where police officers came into your home without a search warrant and took some of your property. If the prosecutor says no, the judge will move on and give the defendant some extra time. If he does, however, we’ve got some work to do that will determine the pace of the case.
The judge will then ask the lawyers when they anticipate discovering the evidence received for the case. Each side has until the next, big hearing date (usually several weeks from the status hearing) to disclose their discoveries. Finally, the judge will ask both attorneys whether they wish to negotiate a plea bargain for the case. This is where a defense lawyer, in conjunction with the client, will petition to have the charges lessened or dismissed altogether, in return for certain standards of behavior. For example, if you plead guilty to a theft crime, you agree to pay a fine, do community service, or perhaps no jail time or probation. At the same time, it is in the prosecution’s best interests to save time and money (from trial preparation) in order to avoid a backlog of cases in the court system. Most cases end up being resolved at the status hearing, but sometimes they are adjourned if further preparations or client counseling are determined necessary. In this case, a "continuance" is granted.
Standard Approach to a Status Hearing
Status hearings are typically very straightforward. The judge convenes the hearing, asks the prosecutor about the existence of a plea deal, the defendant’s attorney if their client is ready to proceed, and then either sets aside more time for discovery, motions or a trial date, or orders a pre-trial conference on the next date. In some cases, the hearing may be day before trial and the judge will deal with pre-trial matters, such as motions in limine (to exclude certain evidence) and jury instructions. The trial judge may schedule several days for the conference, if they decide that multiple issues will be taken up. If there are numerous motions, the judge may require memoranda of law to be received before the next status hearing.
For all parties, the status hearing is an opportunity to assess the progress of the case, including plea negotiations and other resolution options. While a case can be resolved at many different points throughout the pre-trial process, the status conference allows more time to consider whether all relevant discovery and information has been exchanged, or whether more investigation will be needed prior to trial. The agenda will vary for each case and whether the judge will grant the motions depends on how it impacts the specific case.
Significance of Status Hearings for Defendants
To defendants, status hearings play a critical role in the direction of their case. They can result in the dismissal of certain charges, finding out whether a plea bargain may be accepted, and whether the defendant may be released on a summons or OR (own recognizance) instead of requiring bail. More often, the charges are not dismissed by the status conference but rather, the conference allows the defendant to explore all of the potential problems in his or her case and to resolve them before proceeding to trial.
For example, when the defense and prosecution meet to discuss the case, both parties will discuss the evidence the district attorney’s office possesses against the defendant. A status conference may end with the judge setting a timeline for events to occur before the case is set for trial or it may even resolve certain pre-trial motions. For instance, in some cases, a status hearing may reveal to the prosecution that the evidence against the defendant is lacking and he or she should accept a plea bargain deal which lessens the charges against the defendant. For other defendants , the hearing could produce evidence that the district attorney’s office has against the defendants which can make it difficult for them to make a deal, resulting in going to trial. For other defendants, the hearing may result in a dismissal of the charges.
When a defendant is out on bail, a status hearing can open the door for a judge to reduce bail or eliminate bail altogether. A judge will look at the defendant’s criminal record and the charges, and if they do not think the defendant is a danger to the community or a danger of fleeing before the case date, they will often allow the charges or bail to be dismissed.
In the end, status hearings are not as simple as the name suggests. These meetings are critical to the direction of a case. They also help judges determine whether or not a defendant should be out on bail, when the case should proceed to trial, and how long the trial should be.
Pitfalls of Missing a Status Hearing
If a defendant fails to attend a scheduled status hearing in criminal court, it can have serious consequences. A bench warrant may be issued for the individual’s failure to appear in court and if the person is contacted prior to the next scheduled court date, he or she may be arrested on the spot, they may have to pay a fine, or they may simply be given a new court date. If the defendant in the case does not attend the status hearing, the court will likely move forward without them. The case will go ahead as though the defendant were present and counsel will be expected to be there to represent them. A case cannot linger endlessly in the system, so it is important for the court to keep the case moving forward toward resolution. If the judge cancels a hearing or continues it (postpones it until a later date) because the defendant does not appear, this will also happen if the defendant subsequently appears at a later date. The cases are extremely rare, as most individuals who are given additional dates have had their cases disposed of by plea. At least in Duval County, the State Attorney’s Office will not agree to any trials on Fridays and the court is invariably backed up with trial cases on Mondays, so the attorney representing the defendant might obtain a nolle prosequi (disposition) on many occasions on days set for trial. This is absent a judge yelling at the prosecutor to keep the line moving and hurry up to disposition so as not to force a trial, of course. That way, the hearing is continued, the accused doesn’t have to worry about a warrant, and the present case is resolved without any additional cost or time. Many times the defense attorney will ask the prosecutor to issue a capias (bench warrant for failure to appear) and let them set another date as a courtesy to their client, so that they can be brought before the court without extra fees or expenses to appear. The dismissal of charges in a case can get the case disposed of relatively quickly. What typically happens is that the case is carried over to another date and the defendant is ultimately taken into custody, spends a few hours in the local county jail system, and is eventually released on their own recognizance to appear back before the court at the later date as directed. There are a few things that I would emphasize here, the first of which is to make sure you have updated contact information on file with the court or clerk of the court. If they can’t reach you, they will issue a notice to appear for the next time they have something scheduled with your case. If they can’t contact you, you wind up with a bench warrant (arrest warrant) or a hold which requires you to appear in front of the judge to explain why you failed to appear in the first instance. The second issue is that the attorney representing the defendant must continue to stay updated on all bantering back and forth between the judge and the State Attorney’s Office as to whether or not the cases will ultimately be disposed of. If I had a nickel for every time I have been in the courtroom and the judge has said "I’m not going to hold the State to trial" because of some particular reason and I don’t end up with the discovery (determination that there is something to review and negotiate about), I would be rich. This is especially true in misdemeanors. The third issue is that even though a defendant is incarcerated, they should not under any circumstances give the jail the name of their lawyer. The inmates do not know who their lawyers are, and the jail will provide them with the wrong lawyer’s name, which will hold up their release even longer. In addition, I have seen firsthand and heard of numerous horror stories where clients say something akin to "the lawyer did something wrong" which gets kicked back to the prosecutor from the jail personnel, which then gets kicked back to the judge, and when that continues, the judge gets a little peeved either with me or with the client and orders us both to be present on the next day that the judge is available which is typically either a Monday or a Friday (two horrible days in trial week). Keep in mind that every single person is presumed innocent until they plead guilty or are found guilty beyond a reasonable doubt. No matter how much time has passed, no matter how grumpy the judge is, no matter how much money or effort has been put into that particular case, the client is presumed innocent from beginning to end until the case has been disposed of.
How to Prepare for a Status Hearing
Preparing for a status hearing is just as important as preparing for any other hearing. Both defendants and their attorneys should understand the importance of being prepared and present at the hearing. Due to the informal nature of these hearings, many an unrepresented defendant has shown up and made free legal advice comments only to find that the case was being dismissed without them knowing it. Or worse yet, they miss out on securing a plea deal that may or may not be offered at a later date if their case is set for a later court date. Whether there is a new deal being offered that day or just a status update on whether the prosecutor is proceeding, being present affords the best chance to determine which course of action to take.
Documentation can be just as important as presence for status hearings . If your case is not resolved and you want to make sure your attorney has all of the documentation she needs when going to the hearing, it is wise to collect and present with organized documentation reflecting a summary of the case. This could include photographs taken, contracts or any paperwork from the incident, witness statements or interviews (leave out the ones in which you have tapped the phone and recorded without permission), witness phone numbers collected from those who were present at the offense, reports (or copies) from police/EMTs, etc.
This can be a delicate balancing act for this type of hearing. You do not want to project to the prosecutor that you are acting pro se and therefore could have anything presented to the court, like an attorney who knows what she is doing would. In handling a status hearing for a client, once you recognize that there is no need to address the substantive issues, then you can adapt and engage in more of a conversation with the Assistant District Attorney than a defense presentation.
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