Find a legal form in minutes
The Docket Sounding is a precursor to a trial – meaning, it allows the parties to go before the judge to determine if the case is going to trial or if the parties need more time. The courts schedule cases on a Docket Sounding for two reasons. Sep 23, · Docket sounding is when the court will say when your case will go to trial depending upon the schedules of those involved. R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer.
If a defendant is arrested and unable to post bond, he or she is entitled to appear before a judge within 24 hours. The Judge reviews the law enforcement reports and may raise or lower the amount of the bond, or may release the defendant on his or her own recognizance.
It is important to cooperate with this office to ensure that all the information about the crime is provided. You will be notified by letter of this decision. If there is not sufficient evidence to file criminal charges, the attorney will generate a document indicating no charges will be filed. If an Information is filed and the defendant has not yet been arrested, an order a summons for the defendant to appear in court or an order a capias or a warrant for the arrest of the defendant will be issued.
This form affords the opportunity to provide information concerning the effect of the crime, the financial losses incurred and your recommendation for a sentence what is a docket sounding in florida this case. It is important that you document all financial what is a internet backbone claimed by providing COPIES of medical bills, damage estimates, proof of fair market value, or receipts for lost property.
Victim Compensation is a. Payer how to set msn as homepage Last Resort that provides benefits, what is a docket sounding in florida limits and in the event the crime has produced a financial hardship, for medical expenses, funeral costs, counseling, loss of support and lost wages. Loss of property is not covered except in a limited amount for an elderly or disabled adult who suffered a property loss as a result of a crime which substantially limits normal daily living activities and there is no other source of reimbursement.
Information and applications are also available by calling the Bureau of Victim Compensation at or on their website. As the victim, you have how to install ikea butcher block countertop right to be present at arraignment. However, your presence is not required. At arraignment, the defendant will be formally advised of the charges filed by the State.
The defendant is also informed of the right to an attorney. At felony arraignmentthe defendant may not necessarily appear if the proper legal documents have been filed. Therefore, other pre-trial proceedings will be scheduled. If the defendant requests a trial, a trial date will be set at some future pre-trial proceeding and the victim will be notified of the date.
In most cases, an assistant state attorney will also be present during the deposition which may be recorded by either a court reporter or by a tape recorder which will later be produced into a written transcript. The defendant is not present during the deposition which is taken outside the courtroom, usually in a private office. Victims and witnesses who are not incarcerated shall not be required to attend a deposition in any correctional facility.
The defense attorney may elect to subpoena you for a certain date, time and place and, if you fail to appear you may be held in contempt of court and the case may be continued.
It is important to be prepared for your deposition and essential that you provide truthful testimony to the defense attorney. The statements you make during your deposition may be used what do the lyrics to pumped up kicks mean you if you testify differently in court. Attending a deposition for the first time may create anxiety.
You have the right to be accompanied by a victim advocate if you so choose. Any questions or concerns you have may be addressed to the assistant state attorney prosecuting the case.
Case Management in Felony Court is a calendared date when the prosecutor, defense attorney and the judge select a trial date for a case. Generally, details of the case are not discussed other than the trial period how to start a stitch in knitting which the case is to be tried. However, there are times at Case Management when, should the defendant desire to waive his right to a trial, the judge may accept a PLEA and enter a sentence.
Docket Sounding is the last effort of the judge and the attorneys involved to schedule specific days and times for trials just prior to the beginning of the trial docket. All victims and witnesses will receive a subpoena for a time certain when scheduled. When no such plea is presented, a trial date is set and victims and witnesses are usually notified by subpoena.
The victim has the right to attend any of these public hearings. However, your presence is not necessary nor required, unless subpoenaed or specifically requested by the attorney prosecuting the case.
Please contact the assistant state attorney with any questions in regard to your attendance. The opening statement outlines the facts that each party expects to establish during the trial. Finally, each attorney presents a closing argument which offers a summation of the facts presented during the trial.
The judge then instructs the jury on the law, defines the issues and instructs the jury to reach a fair verdict based on the evidence. Again, victims and witnesses have the right to be present in the courtroom and may not be excluded during any court hearing or trial unless, upon motion, their presence is determined to be prejudicial by the Judge. This option should be discussed with the prosecutor in the case. Statewide sentencing guidelines became effective on October 1, These guidelines provide a range of recommended sentences for all felony cases.
The court must sentence according to these guidelines unless the court states a clear and convincing reason why it chooses to sentence outside the guidelines.
The sentencing of misdemeanor offenses remains the discretion of the trial judge. The trial judge in misdemeanor matters may impose any sentence up to the maximum allowed by state law. As a victim, you have the right to be present at the sentencing of the defendant. Please advise the prosecutor of your desire to be present so you will be notified. At said hearing, you may address the court to state your feelings concerning the impact of this crime on your life, necessary restitution and desired sentencing.
Should you choose not to make an oral statement, you may submit a written statement to the prosecutor prior to sentencing to be read into the record. At sentencing, the court may order a defendant to pay restitution for the damage or loss caused by a crime.
If ordered as a condition of probation or community control, the appropriate probation officer will supervise the payment of restitution. Therefore, your obligation is to keep current your address with the proper agency.
See page 25 for information. If the sentence is solely incarceration, the judge may order restitution as a civil judgement. Information on enforcing said civil lien or judgement may be obtained from the office of the Clerk of Court. If the accused is a juvenile and is immediately arrested, the release procedure is somewhat different from adult court. Juveniles charged with misdemeanors and many other nonviolent crimes are frequently immediately released to the custody of their parents or other custodians.
Juveniles who are charged with more serious offenses and are not released will attend a detention hearing within what to wear for a summer evening wedding hours. At the detention hearing it will be determined if the juvenile is to remain in secure detention or is to be released to a home detention. Detention hearings are conducted seven days a week. Victims are not required to attend these hearings but may do so if they wish except on weekends.
Arraignment and trial are very similar to adult court. How to access registry in vista, the victim, may also be contacted so your input may be made a part of the report. If the victim or the sibling of the victim attends or is eligible to attend the same school as that of the offender, the parent or legal guardian of the victim has the right to attend the sentencing or disposition of the offender and request that the offender be required to attend a different school.
Juvenile records are confidential in Florida which may prohibit you, however, from receiving all the information you request on the case and from revealing information regarding any case heard in juvenile court to any outside party except as is reasonably necessary in pursuit of legal remedies. The order and amount of restitution is solely a decision of the judge.
If restitution amounts are provided and the Court fails to order the defendant to pay, the judge must state for the record, why the payment of restitution is not so ordered. Do not try to memorize what you are going to say before you go into court, but rather, try to picture the scene in your mind.
Review your deposition and any other documents or records in your possession so you can recall more accurately the information when you testify about what you know. Take your time. Give the question some thought and formulate your answer. Answer the question asked. Do not volunteer information that has not been asked. If you do not understand the question, ask for an explanation. Do not give your personal opinion or conclusion unless specifically asked to do so.
Trial Procedure A jury is selected by the state and defense attorneys and seated as the first item of procedure. Sentencing Statewide sentencing guidelines became effective on October 1, Restitution At sentencing, the court may order a defendant to pay restitution for the damage or loss caused by a crime.
What are the branches of oceanography Justice Court Proceedings How to build a cow milking machine the accused is a juvenile and is immediately arrested, the release procedure is somewhat different from adult court.
Testifying Do not try to memorize what you are going to say before you go into court, but rather, try to picture the scene in your mind. Try to remain calm, confident and in control. You have no need to be nervous. View Full Site.
Stages In The Criminal Justice System
Sep 20, · In Florida the term "docket sounding" is used to decribe a date in which the court and the parties invovled in cases are brought together to determine if these cases are going to trial . Docket sounding is the last effort of the Judge and the attorneys involved to schedule specific days and times for trials just prior to the beginning of the trial docket. The meeting is to understand if they are going ahead with the trial as scheduled on the docket or not. All victims and witnesses will receive a subpoena when scheduled. Jul 25, · A "sounding" and a "calendar call" are basically the same thing. However, depending on which county you are in, the name is different. In Miami-Dade County, a sounding is a hearing that occurs primarily in felony cases. The sounding occurs 10 days prior to trial.
The most common and frequent court hearing during a criminal case is a hearing called, a Docket Sounding. This hearing is primarily used as a device to keep the case from following through the cracks, as the judge ensures that the case is continually moving forward towards a resolution.
At the hearing, the judge decides whether you should be released from jail and, if so, under what conditions. After your Initial Appearance, your case is scheduled for an Arraignment.
At the Arraignment, the judge will advise that you have been charged with a crime and take your plea, which will usually be Not Guilty. Then, your case is scheduled for a Docket Sounding and a Trial. The Docket Sounding is a precursor to a trial — meaning, it allows the parties to go before the judge to determine if the case is going to trial or if the parties need more time. First, every criminal defendant has the right to Speedy Trial, meaning your case has to be brought before the judge and you must be afforded the right to a trial within a certain period of time.
Thus, scheduling your case for a Docket Sounding and Trial merely ensures that the criminal justice system is complying with your Speedy Trial Rights. Second, the Docket Soundings afford the judge an opportunity to get a status check on the cases. Is this going to be a plea? Is this going to trial? Are there lots of witnesses and investigations to track down? Or, she would have to make special calendars to check in on these cases. The Docket Sounding makes this a lot easier.
Phrased differently, if the cases were not automated to be checked on periodically, it would be chaotic. So, at any given time, a case will always be scheduled for a Trial and, about 10 — 14 days prior to that, scheduled for a Docket Sounding. The decision as to whether you will go to trial or enter a plea depends on the type of charges against you, and your thoughts on what type of offer has been made by the prosecuting attorney.
At Alan Fowler Law, PLLC, we consult with our clients on what we will do at the Docket Sounding, and we generally handle the Docket Soundings with our clients, so they do not have to miss work or go through the trouble and expense of traveling down to Key West. If you have questions about docket soundings or DUI defense, call our office for answers. Call an experienced criminal defense attorney in Key West. What Is A Docket Sounding?
The courts schedule cases on a Docket Sounding for two reasons.