Friend finally has a court date...

[yomama]

What is the name of your state? Texas

I had an earlier thread which spoke of a friend of mine (single and no kiddos) who was caught shoplifting a couple of months ago. She has a court date set in Tarrant County for the 29th of this month. She has an attorney but I'm worried that he's not very interested in her case. Every time I ask her a question that I think she should know the answer to from her attorney - she doesn't have a clue. I know this is HER problem and she needs to DEMAND some answers since she is paying him to do so.

What I'm wondering is, what is the procedure for trying to get a pre-trial diversion? Does her attorney ask the prosecutor for this? Or is this something that can be arranged at her first court appearance? She would be a perfect candidate for this because she would add to their success rate. Thanks for your help in advance. She doesn't have a computer so she can't sit around looking up help and/or advice. Thanks!

 

[Boxcarbill]

Plea bargains, including one for a deferred adjudication, are negotiated between defense counsel and the CDA's office--assuming that the offense is one in which a deferred adjudication can be offerred. Theft is such an offense. The Judge is not bound by the any plea bargain agreement entered between the CDA and the defendant. However, if the Judge does not accept the agreement, the judge must advise the defendant that he will not accept the plea bargain and allow the defendant to withdraw the papers filed in connection with the plea and the defendant will be allowed to proceed to trial. The state may not use or refer to the withdrawn guilty plea during the subsequent trial.

 

[yomama]

Boxcarbill...

Thank you! I really appreciate it.

 

[yomama]

Boxcarbill...

Tracey talked to her attorney today to find out what she would need to do. He told her he would see her on the 29th for her first court date. He said he would then look over the offense report and see if the DA had any 'deals.' This was all the info he gave to her. I'm worried for her, but maybe this is standard practice? I guess my question is: "Is this the usual procedure in a case like this?" I thought she should be going to his office to go over the offense report BEFORE the first court date and he should be telling her what all of her options are/could be. But that's only what I think would be logical. Thanks in advance for your help.

 

[Boxcarbill]

I don't know what is happening on the 29th. It could be an arraignment, although in my county if counsel is hired, we have the client sign a waiver of arraignment, or it could be an announcement date in which case in my county the client doesn't have to attend. Announcements are done by the attorney. But either way, a plea bargain cannot be negotiated without reviewing the offense report. Well, it could be done, but a competent attorney doesn't negotiate a plea bargain without first having reviewed the offense report--just to make sure that all t's are crossed and all the i's are dotted. Her attorney cannot advise her of her options until the attorney knows what all the options are and that means has a plea offer to disclose to the client.

 

[yomama]

Boxcarbill...

Okay, thank you! She said on the paper she received telling her that her court date is on the 29th it says 'Pre-trial.' I guess that means arraignment? I feel better knowing that her attorney can't really tell her what her options are yet. Personally, I think he's not really interested in her case, but I guess that could partly be because he hasn't seen an offense report and doesn't really have anything concrete he can tell her yet. Thanks for your kindness in answering my questions.

 

[yomama]

Boxcarbill...

My friend called me today and said that her boss asked her to go on a business trip for a week in her place and she's supposed to leave on the afternoon of the 29th and her court time is 9:30 a.m. She's afraid to call her attorney to ask him if he thought that would be okay - she has no idea what to expect or how long she'll be in court. I told her I would see what you said. Thanks!

 

[yomama]

Boxcarbill...

In lieu of starting another thread I'm posting again to bring this thread back to the front so maybe you'll see it and be able to explain what 'pre-trial' is. My friend still hasn't spoken in detail at all about her case with her attorney. He just said he'll see her on the 29th. Thanks for your input.

 

[Boxcarbill]

Re: Boxcarbill...

In lieu of starting another thread I'm posting again to bring this thread back to the front so maybe you'll see it and be able to explain what 'pre-trial' is. My friend still hasn't spoken in detail at all about her case with her attorney. He just said he'll see her on the 29th. Thanks for your input.

A pretrial hearing is exactly that: a hearing to obtain a ruling on pretrial motions in preparation for trial. There are things which need to be ruled upon prior to trial and pretrial hearings are for those things. Example: a rather standard motion in a criminal defense by defense is a motion to prevent the prosecutor or prosecution witnesses from calling the accused names and request that the court instruct the prosecution to refer to the accused by name or as the accused or as the defendant. Other pretrial motions may deal with the admissibility of certain evidence or statements. Sometimes the results of the pretrial hearing play a part in whether the defendant accepts a plea offer or goes to trial.

 

[yomama]

I'll tell her. Thanks a bunch!

 

[Kane]

Local procedures vary from one county to another. In Travis County (Austin) court co-ordinators schedule what they call pre-trials with witnesses, and pre-trials without.

Here it's standard practice to review the offense report at the first pre-trial (AKA "pre-trial without witnesses") and to talk to the prosecutor about possible plea bargain arrangements. The first pre-trial is also sometimes called a "pre-trial conference."

Your friend's attorney should explain whatever needs to be explained to her, but it is up to her to ask questions if she has them.

 

[yomama]

Thank you Kane...

You're right, but she is so shy and intimidated by her attorney that she's afraid to ask him anything! And that's making me crazy! She is guilty, she admits that. I was with her when it happened, although I had no idea what she had done until we left and she was stopped. We separated in the store while shopping and that's when she made her dingy decision. She makes PLENTY of money, just made a stupid, spur-of-the-moment decision and now she's scared to death! I'm ready for her to get this behind her. She's asked her attorney what to expect at the 'pre-trial' but all he told her was that they would go over the offense report and take it from there. I guess that's logical but I feel like he should be telling her 'word-for-word' what to expect when she goes to court. She's never done this before! Well, she goes on the 29th and I will give a report on what happens. She wants me to go with her but I'm not sure that's such a great idea? Thanks much for your reply!

 

[yomama]

Well...

My friend's court date was today and I went with her for moral support (mostly because I figured her attorney wouldn't show - but he did!) She had two choices (the prosecutor was very nice) -she could plead guilty and get convicted and walk out of the courtroom with everything behind her, i.e. no probation, no community service, no theft class. OR she could plead guilty, get a deferred adjudication, serve 6 mo. probation, take a theft class, and have 24 hours of community service. She took the latter because she didn't want a conviction and the judge waved the 24 hours community service because she paid her fines and court costs today. So it all turned out well for her and she's on her way to putting this behind her. Thank you Boxcarbill for all of your replies. Have a good one.