Pretrial Offers and Expiration Dates
Pre-trial offers are sometimes made by the Prosecution Division, reflecting a reduction given in order to resolve the case(s) with judicial economy. Offers remain in effect for a specific period of time and each one will have an expiration date. Offers may be extended past the date of expiration at the discretion of the City. Expiration dates for jury trials provide the City with time to confirm and call off witnesses, prepare cases for trial, and provide adequate notice to the court to have a jury ready. If special circumstances come up and offers cannot be accepted by the expiration date, please let us know as soon as possible. The more notice you provide, the more we will be able to work with you.
After the offer has expired, the City's recommendation may be the fully appropriate recommendation, reflecting all aggravating factors of the Defendant's offense as well as prior offenses.
Jury Trial Readiness and Continuances
Defense counsel should contact us as soon as possible to inform us whether they are ready to proceed to trial or will be requesting a continuance. If defense counsel will be seeking a continuance, please let us know what the basis is and whether your client will sign a speedy trial waiver. Where defense counsel does not contact our office with this information, we may require the witnesses to standby to appear on the second day of trial to avoid witnesses appearing for cancelled trials.
If a witness does appear for trial and the defendant fails to appear or defense counsel seeks a continuance without any notice to our office, the City will request the judge to sanction your client with any applicable witness and/or interpreter costs.
Guilty Plea Forms
Please note that offer responses for all DUI and drug cases must be entered on guilty plea forms. These need to be completed prior to the day of the hearing. If you contact our office at least 2 days prior to the hearing, we can assist you with completing these forms.
Please email, fax, or otherwise communicate counter offers as soon as possible. This will allow us to re-review the police report and evidence to make a determination on whether the City would accept your counter offer. Please provide a basis (specific evidentiary issues, etc.) with your counter-offer. This will assist us in reviewing the evidence as well as provide a basis to the Court should the City desire to accept your counter offer.