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Roger
Roger, Lawyer
Category: Criminal Law
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In a criminal case where a defendant has been charged with

Resolved Question:

In a criminal case where a defendant has been charged with a misdemeanor crime, what can he expect on his second court date? His first one was simply an adjournment for more time. His lawyer has filed a motion to dismiss. Does the DA typically let the lawyer know at least prior to the night before court date what to expect or can it be a surprise? I am not familiar with the hypothetical outcomes (with the exception, of course, being the judge granting the dismissal). If not granted, what happens. How many more court dates can there be typically? Aren't they loathe to drag misdemeanor court dates out? Is there such a thing as a motion for continuance? Any information on how a judge may respond / DA accountability or general procedure in informing the lawyer of case status and what to expect would be helpful.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX X'X a litigation attorney. Thanks for your question.

Generally, with a misdemeanor case, there aren't many continuances - - maybe one or two. Also, the second court date will likely be a hearing of the case where the judge decides the matter IF your attorney and the prosecutor cannot reach a plea agreement.

Thus, the next court date should involve a hearing of the case with testimony from the witnesses, etc.
Customer: replied 1 year ago.
Thank you so much for your response.

When you reference 'hearing of the case with testimony from the witnesses, etc." is that IF attorney and prosecutor were unable to reach a plea agreement? Were they to reach a plea agreement, then is there no hearing and the judge simply reiterates out loud the terms of a plea agreement already agreed upon prior to court appearance?
Expert:  Roger replied 1 year ago.
Yes, that's right - - if you can't settle the case/reach a plea agreement, then you would have a trial. However, if you can resolve the matter with a plea, then you can just announce that to the court for approval.

If the judge approves it (which he/she generally will), then that will be announced and the matter will be over.
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26100
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 5 other Criminal Law Specialists are ready to help you
Expert:  Roger replied 1 year ago.
Hi -

I was checking to see if you have any additional questions. If so, just let me know and I'll be glad to respond. Thanks.
Customer: replied 1 year ago.

I'm all set, thanks so much!


 

Expert:  Roger replied 1 year ago.
No problem. Please let me know if you need something else.

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