See, this is what I like. Comments. Implied criticism. Even anonymous implied criticism. Here's the comment and, below each point, my response (oh, but click here for the post that prompted the comment):
Not sure if its intentional or not, but you forgot to mention to Steve how the State isn't always "prepared" at each setting.
My omissions are always intentional and designed to cover up my own personal and professional failings, which are many. Seriously, just a reminder that this blog doesn't pretend to speak for every ADA or every court. It's about me (isn't everything?!) and my experiences here. I don't pretend to, and never could, speak for my colleagues or the office as a whole.
Disclaimer over, I will agree with you that prosecutors are not always 100 per cent ready. Sometimes we haven't been able to contact the victim, or obtain judgments, or track down a crucial video. When that happens to me, I apologize profusely and try to see what else I can do to help resolve the case the next time around.
I'm sure DAC is an exception and never asks for continuances, ...
That's more like it! Perfection isn't easy, but I strive to do my best. Actually, I have never asked for a trial continuance. Probably out of luck more than anything, but there you have it.
but in other courts, especially the county courts in the very same building, sometimes its the defendant that's begging for a trial and either: 1) the State's not ready or 2) the court's jury trial calendar is so backed up that three and four year old cases are just now coming up for trial.
See disclaimer above about speaking for myself. And I've never practiced in the county courts, I was lucky enough to hop straight into felonies, so I won't even try to explain what's going on there. I will tell you that not a single one of our 300+ cases is anywhere near three years old. I'd bet good money none are two years old, and if they are it's because the defendant went on the lam and not because we haven't been ready to resolve it, through plea or trial.
In the second scenerio [sic], which is incredibly, and criminally some might think, common, the judge and the chief prosecutor in that court deserve most of the blame, it appears.
This just seems odd to me. I don't doubt you because, as I said, I've not practiced in the county courts. But a three year old case? Where the prosecutor is to blame? I'd be very curious to know more about this because in my limited experience, judges like to move their cases along, and prosecutors know that the older a case is, the harder it is to prove. So I'm very interested to hear that there are such old cases in the county courts.
Showing posts with label Docket report. Show all posts
Showing posts with label Docket report. Show all posts
Tuesday, January 26, 2010
Wednesday, January 20, 2010
Docket report
I thought it might be time for another Docket Report, a look at the cases on yesterday's court docket. The previous one, for comparison, is here.
But first a quick response to Steve, who asked this after the first docket report a couple of weeks ago:
What is interesting to me is how many of the cases are "reset". I thought these defendants had to be prepared by the court appearance date. Some of these must drag on for some time until resolved. Most interesting. Quite the workload.
You are right in that most are reset. Resolving a case requires the ADA and the defense lawyer to have a meeting of the minds, so imagine a triangle where the lawyers start at "He's guilty of the crime charged and deserves a prison sentence" and "He's innocent and should be released," respectively.
They share evidence and information and their positions change to something more like, "He's guilty of the crime charged but deserves a long probation" and "He might plead guilty to a lesser charge if he gets a short probation." And so on, until they finally meet at the tip of the triangle. Or go to trial if no agreement can be reached.
As for the defendants being "prepared," they do have to be present at each court setting so when, as you note, cases take a long time to resolve, I have no doubt it can be frustrating.
Now, yesterday's docket, a light one for me as it turned out:
50 defendants with 73 cases (as before some defendants had more than one case pending against them)
Of these, I am responsible for: 7 defendants with 8 cases
Here's a breakdown of my cases, what they were, and what happened to each:
Possession of controlled substance:
1. Reset for my plea offer to be conveyed to defendant
2. Reset for suppression hearing
Aggravated robbery:
1. Reset by defense counsel
2. Pled guilty to robbery, received probation
DWI 3rd:
1. Dismissed (because defendant pled guilty to intoxication assault)
Intoxication assault:
1. Pled guilty, received probation
Theft:
1. Pled guilty, received jail time
But first a quick response to Steve, who asked this after the first docket report a couple of weeks ago:
What is interesting to me is how many of the cases are "reset". I thought these defendants had to be prepared by the court appearance date. Some of these must drag on for some time until resolved. Most interesting. Quite the workload.
You are right in that most are reset. Resolving a case requires the ADA and the defense lawyer to have a meeting of the minds, so imagine a triangle where the lawyers start at "He's guilty of the crime charged and deserves a prison sentence" and "He's innocent and should be released," respectively.
They share evidence and information and their positions change to something more like, "He's guilty of the crime charged but deserves a long probation" and "He might plead guilty to a lesser charge if he gets a short probation." And so on, until they finally meet at the tip of the triangle. Or go to trial if no agreement can be reached.
As for the defendants being "prepared," they do have to be present at each court setting so when, as you note, cases take a long time to resolve, I have no doubt it can be frustrating.
Now, yesterday's docket, a light one for me as it turned out:
50 defendants with 73 cases (as before some defendants had more than one case pending against them)
Of these, I am responsible for: 7 defendants with 8 cases
Here's a breakdown of my cases, what they were, and what happened to each:
Possession of controlled substance:
1. Reset for my plea offer to be conveyed to defendant
2. Reset for suppression hearing
Aggravated robbery:
1. Reset by defense counsel
2. Pled guilty to robbery, received probation
DWI 3rd:
1. Dismissed (because defendant pled guilty to intoxication assault)
Intoxication assault:
1. Pled guilty, received probation
Theft:
1. Pled guilty, received jail time
Friday, January 8, 2010
You do what, again?
Everyone knows we go to trial. No surprise there. But I tried five cases last year, none lasting more than a week. And they paid me for more than five weeks' of work, so I must have been doing something, right?
Right. It's called docket.
Trouble is, when I use that word, eyes glaze over. Docket. It sounds like a boring word, a lawyerly, uninteresting, dry piece of paper with... something on it about... someone. What the hell IS a docket, anyway?
Glad you asked. Because I'm in there, Monday-Friday on non jury weeks, and Monday AND Friday on jury trial weeks.
Overview: docket is when ADAs and defense lawyer meet in court to discuss cases set that day. Some are pled out there and then, some are set for trial (by judge or jury), and some are set for hearings (for example, a motion to suppress evidence).
Take these stats that I compiled (just for you, mind) from a morning docket from earlier this week (bear in mind there are five ADAs assigned just to our court), That morning, the docket consisted of:
55 defendants with 66 cases (probably obvious, but some defendants have more than one case pending against them)
Of these, I am responsible for: 19 defendants with 23 cases
Here's a breakdown of my cases that day, what they were, and what happened to each:
DWI (3rd offense)
1. defense atty didn't show up, reset
2. reset so defense counsel could view police video tape
3. reset for defense counsel to gather evidence
4. reset-- recently indicted case, both sides doing discovery
5. agreement reached, defendant pled guilty
Forgery
1. negotiated with defense counsel, reset
2. as above
Agg Assault with deadly weapon
1. reset so I could contact victim
2. as above
3. as above
Attempted burglary of habitation
1. reset so I could contact victim
Assault causing injury to family member
1. defense lawyer showed up late, case reset
Possession of marijuana
1. plea deal reached, reset for sentencing
Possession of controlled substance
1. case only recently indicted, reset for both sides to conduct discovery
2. agreement reached, defendant pled guilty
3. agreement reached, case reset for probation to prepare report
4. case reset for more discovery
5. case reset for more discovery
6. as above
7. as above
Attempted arson
1. reset for both sides to do discovery/gather evidence
I think I got my math right, and that's all the cases.
Let me know if this is interesting or not, if so I might do it once a month or so. If not, I won't. :)
Right. It's called docket.
Trouble is, when I use that word, eyes glaze over. Docket. It sounds like a boring word, a lawyerly, uninteresting, dry piece of paper with... something on it about... someone. What the hell IS a docket, anyway?
Glad you asked. Because I'm in there, Monday-Friday on non jury weeks, and Monday AND Friday on jury trial weeks.
Overview: docket is when ADAs and defense lawyer meet in court to discuss cases set that day. Some are pled out there and then, some are set for trial (by judge or jury), and some are set for hearings (for example, a motion to suppress evidence).
Take these stats that I compiled (just for you, mind) from a morning docket from earlier this week (bear in mind there are five ADAs assigned just to our court), That morning, the docket consisted of:
55 defendants with 66 cases (probably obvious, but some defendants have more than one case pending against them)
Of these, I am responsible for: 19 defendants with 23 cases
Here's a breakdown of my cases that day, what they were, and what happened to each:
DWI (3rd offense)
1. defense atty didn't show up, reset
2. reset so defense counsel could view police video tape
3. reset for defense counsel to gather evidence
4. reset-- recently indicted case, both sides doing discovery
5. agreement reached, defendant pled guilty
Forgery
1. negotiated with defense counsel, reset
2. as above
Agg Assault with deadly weapon
1. reset so I could contact victim
2. as above
3. as above
Attempted burglary of habitation
1. reset so I could contact victim
Assault causing injury to family member
1. defense lawyer showed up late, case reset
Possession of marijuana
1. plea deal reached, reset for sentencing
Possession of controlled substance
1. case only recently indicted, reset for both sides to conduct discovery
2. agreement reached, defendant pled guilty
3. agreement reached, case reset for probation to prepare report
4. case reset for more discovery
5. case reset for more discovery
6. as above
7. as above
Attempted arson
1. reset for both sides to do discovery/gather evidence
I think I got my math right, and that's all the cases.
Let me know if this is interesting or not, if so I might do it once a month or so. If not, I won't. :)
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