The attorney will send a letter to the court and a letter to the prosecutor, which on a personal note, I do the same day I get hired. That letter informs the court that you are pleading not guilty and a separate letter goes to the prosecutor asking for all the police reports.
Obtaining the Police Reports
Then the judge will probably ask you to come back in two to three weeks, to make sure that all the police reports have been handed over. This timeframe is needed because the prosecutor’s office has to process your request for discovery.
The attorney has to pay for this to be sent, after payment is received, those documents are sent. In my practice I always bring people in to my office to go over the police reports. After that, we go to court for a second time or that could be a first appearance.
Your Attorney Will Conference With the Prosecutor
At that first appearance a judge will you what your rights are in open court so that you know what you’re facing even. Of course, you will already know because I’ve gone over that with you. Also, an initial conference will be held between the prosecutor and myself. We just to feel each other out to determine which way the case is going.
I also investigate if there are any missing reports and then case will be put over for another pre-trial conference, maybe 3 or 4 weeks down the line. At that point we’ll try to reach a resolution of the case. If it’s not resolvable, I will have the case postponed one more time or adjourned one more time and put it on the calendar three four weeks later. I’ll file what’s called legal motions, motions to suppress, maybe a motion to dismiss. Then we’ll go to court and the police officer will testify at the hearing and maybe also at a trial.
By Carl Spector