The first status hearing regarding the criminal case was held regarding the attorney and loan officer charged in the IJCN Investments (In Jesus Christ's Name) and I found it interesting. The court system appears to offer the defendants plenty of time to prepare their defense and I guess that might be the right way to go but I wonder about the plaintiffs views on the length of time it takes from beginning to end for a case. (For those who don't know about this the indictment it is public record and can be found at: http://206.18.146.25/rfcViewFile/11cr502.1.pdf )
As I am not a lawyer I find myself constantly looking up what is said or done. The problem is as things are not written for the non-attorney it can be a little daunting but never the less I want to understand so if it’s not in the Black’s Law Dictionary I Google and attempt to understand. The judge scheduled a second status hearing for November 4, 2011 room 2303. The judge said that the defendants did not have to be present for the status hearing which got me to wondering just what a status hearing was. I found a couple definitions:
“The Status Hearing is an informal discussion between the Judge, the prosecution and the defendant about the case. After considering the case against you, you can decide whether to change your plea or to continue with your not guilty plea.
At a Status Hearing you:
* have the chance to discuss the charges against you, with the Police Prosecutor and the Judge, including anything you may disagree with.
* learn what the Police say has happened and why they think you are guilty.
* can ask questions about anything you don’t understand.
What can happen at a Status Hearing?
* The charges may be changed or withdrawn.
* You can change your plea.
* You can ask the Judge what the likely sentence would be (e.g. fine, community work, prison). Note: this will be an indication only and is not binding on another Judge at a later time.
* You can decide to continue to plead not guilty. The case will then be adjourned for a defended hearing.
* You do not have to tell anyone about your defense, unless you choose to do so.
If you change your plea to guilty:
* You may be sentenced at the Status Hearing or you may have to come back to Court on another day for sentencing, if the Judge needs more information, such as a pre-sentence report.
If you still want to defend your case (plead not guilty):
* The case will be adjourned to a defended hearing, where a Judge will hear your case and decide whether you are guilty or not guilty.”
At a Status Hearing you:
* have the chance to discuss the charges against you, with the Police Prosecutor and the Judge, including anything you may disagree with.
* learn what the Police say has happened and why they think you are guilty.
* can ask questions about anything you don’t understand.
What can happen at a Status Hearing?
* The charges may be changed or withdrawn.
* You can change your plea.
* You can ask the Judge what the likely sentence would be (e.g. fine, community work, prison). Note: this will be an indication only and is not binding on another Judge at a later time.
* You can decide to continue to plead not guilty. The case will then be adjourned for a defended hearing.
* You do not have to tell anyone about your defense, unless you choose to do so.
If you change your plea to guilty:
* You may be sentenced at the Status Hearing or you may have to come back to Court on another day for sentencing, if the Judge needs more information, such as a pre-sentence report.
If you still want to defend your case (plead not guilty):
* The case will be adjourned to a defended hearing, where a Judge will hear your case and decide whether you are guilty or not guilty.”
Question: What is a status hearing and how does it work in Superior Court?
Answer: "A status hearing can serve a wide variety of functions at the discretion of the trial judge, and you will be hard-pressed to find a concrete definition anywhere in the family law rules or Arizona statutes. I also do not doubt that the practice widely varies from county to county, and your question did not indicate where you live.
In general, however (and I do mean *in general*), status hearings do not involve testimony from the parties, or the offering of evidence through witnesses or exhibits. They are relatively quick hearings, designed to give the judge some idea of what is going on in the case, and how much time she should allocate for the trial. It is also an opportune time for the court to enter temporary orders upon which the parties have *agreed*. (If they haven't agreed, then the court should not enter orders over objection until it can hear evidence.)
The closest parallel to "status hearings" that one can find in the family law rules is a resolution management conference (RMC). Unfortunately, RMC's are administered with great inconsistency as well, which makes it difficult for me to give you a square answer. Every judge seems to have a different idea of what an RMC is for. For this reason (and others too), your best course of action may be simply to call the judge's chambers right away, and just ask the judicial assistant what exactly the court intends to accomplish at the status hearing, and whether you should be prepared to testify or present witnesses/exhibits. Furthermore, the court will often provide hints (or even clear statements) about the purpose of the hearing in the typed minute entry that scheduled the event in the first place. So make sure to read that carefully, too!”
Or:
“A status hearing is held when there is a case preparing for trial. The judge holds the hearing with the all parties. It is determined if the case will proceed to trial.”
Now after all of that I got the impression this is a way for the judge to be sure both attorneys for the prosecution and defense have dotted their I’s and crossed their T’s before proceeding. If there are any lawyers reading this I would be curious if the descriptions given above are exact? (Just so that we are clear anyone but the lawyer indicted feel free to respond. smile)
