Disposition Hearing in Hillsborough County, Tampa Florida
The following video and transcription provides a brief explanation of what to expect when faced with a disposition hearing in Hillsborough County.
If there is a Disposition hearing, this means that the State Attorney has filed the charges brought against you.
In this Disposition hearing in Tampa, a criminal defense lawyer, if retained, can file a Waiver of Appearance in most cases so that your lawyer can be the one to go to court on your behalf.
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The “Discovery” would have already been requested in your case by your criminal defense lawyer. The “Discovery” is considered to be the documents, police reports, videos, audios involving your case. Your defense lawyer will review that with you and can send evidence to the prosecutor that is favorable to you.
Your criminal defense lawyer will find out what the weaknesses are in the State’s case and tell you about them.
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You may be asked about witnesses that you might want to call which your lawyer would give to the State Attorney’s office. There will be several of these Disposition hearings where your defense lawyer can tell the judge what they are doing and how they are defending you in your case before setting the case for Trial.
A Trial may be set after several Disposition hearings.
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In a Tampa criminal case, a disposition hearing refers to a court proceeding where the judge determines the outcome or sentencing for a defendant after a plea has been entered or a trial has concluded.
This hearing is part of the process for resolving the case, which may involve various outcomes depending on the circumstances, such as:
- Sentencing: If the defendant is found guilty or pleads guilty, the judge will impose a sentence, which could include fines, probation, or incarceration.
- Diversion Programs: In some cases, the court may offer diversion programs for first-time or low-risk offenders, allowing them to avoid a criminal record by completing specific requirements.
- Dismissals: If the evidence is insufficient or if the prosecution decides not to pursue the case, the judge may dismiss the charges.
During the hearing, both the prosecution and defense can present arguments and evidence regarding appropriate sentencing or disposition. The judge considers these inputs along with any relevant factors, such as the nature of the crime and the defendant’s history, before making a decision.
Preparing for a disposition hearing in a Tampa criminal case involves several important steps.
Here’s a general outline of what to consider:
- Consult Your Attorney: Work closely with your attorney to understand the specifics of your case and the potential outcomes. They can provide guidance on strategy and what to expect.
- Gather Documentation: Collect any relevant documents, including police reports, witness statements, character references, and records of rehabilitation or community service.
- Review Your Case: Go over the details of your case with your attorney, including the charges, evidence, and any plea agreements. Understand the strengths and weaknesses of your case.
- Understand Sentencing Options: Familiarize yourself with potential sentences for your charges, including any alternative programs, such as diversion or treatment options, which may be available.
- Prepare Your Statement: If applicable, prepare a statement to express remorse or explain your circumstances. Your attorney can help you craft this effectively.
- Consider Character References: Obtain letters or statements from family, friends, or employers that can speak positively about your character and support your case.
- Plan for the Hearing: Know what to expect on the day of the hearing. Discuss with your attorney the structure of the hearing, who will speak, and how you should dress and behave.
- Practice: If you’ll be speaking during the hearing, practice what you want to say to ensure you’re clear and composed.
- Be Prepared for Questions: Anticipate potential questions from the judge or prosecutor and discuss how to address them with your attorney.
- Stay Calm and Professional: On the day of the hearing, remain calm and respectful in court. Your demeanor can impact the judge’s perception.
By thoroughly preparing and collaborating with your attorney, you can help present your best case during the disposition hearing.
CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.
Frequently asked questions about disposition hearings:
What is the purpose of a disposition hearing?
A disposition hearing serves several important purposes in the legal process, particularly in criminal and juvenile cases. Here’s an overview of its main functions:
- Resolution of Charges: The primary goal is to determine the outcome of the case. This can include negotiating plea deals or finalizing sentencing if the individual has already pleaded guilty or been found guilty.
- Sentencing: If the defendant is convicted, the disposition hearing is where the judge will decide on the appropriate sentence. This can involve discussions about fines, probation, community service, or incarceration.
- Review of Recommendations: The judge often considers recommendations from the prosecutor, defense attorney, and sometimes a probation officer regarding the best course of action based on the circumstances of the case.
- Victim Impact Statements: In some cases, victims may be allowed to speak during the hearing to express how the crime has affected them, which can influence sentencing.
- Finalization of Agreements: If a plea bargain has been reached, the disposition hearing is where the judge formally accepts the plea and outlines the terms of the agreement.
- Legal Representation: It provides an opportunity for both parties to present their positions regarding the case and any mitigating or aggravating factors that should be considered in the decision-making process.
Overall, the disposition hearing is a critical step in resolving a case and determining the consequences for the individual involved.
Is a disposition hearing the same as a trial?
No, a disposition hearing is not the same as a trial. Here are the key differences:
- Purpose:
- Disposition Hearing: Its primary purpose is to resolve a case, typically involving sentencing or the acceptance of a plea agreement. It focuses on the consequences for the defendant after a guilty plea or conviction.
- Trial: A trial is a formal legal proceeding where evidence is presented, witnesses are called, and both sides (prosecution and defense) argue their cases. The goal is to determine guilt or innocence.
- Participants:
- Disposition Hearing: Usually involves the judge, the defendant, their attorney, and the prosecutor. Sometimes, victim impact statements may also be presented.
- Trial: Involves the judge, jury (if applicable), the prosecution, defense, witnesses, and sometimes experts.
- Outcome:
- Disposition Hearing: Results in sentencing or other resolutions, such as probation or fines, if the defendant has already pleaded guilty or been found guilty.
- Trial: Results in a verdict of guilty or not guilty, determining whether the defendant is convicted of the charges.
- Duration:
- Disposition Hearing: Typically shorter and more straightforward than a trial.
- Trial: Can be lengthy, often lasting several days or weeks, depending on the complexity of the case.
In summary, a disposition hearing deals with the aftermath of a conviction or plea, while a trial focuses on establishing the facts of the case to determine guilt or innocence.
Can you appeal the outcome of a Tampa criminal disposition hearing?
Yes, you can appeal a decision made during a criminal disposition hearing in Tampa, but there are specific circumstances and procedures you must follow:
- Grounds for Appeal: You can appeal based on various grounds, such as legal errors made during the hearing, improper admission of evidence, or issues related to the sentencing.
- Consult Your Attorney: It’s essential to work closely with your attorney to determine the viability of your appeal and to understand the specific grounds on which you can base it.
- Notice of Appeal: You must file a notice of appeal, usually within a specified time frame after the disposition hearing (often 30 days in Florida). This document informs the court and the opposing party of your intention to appeal.
- Prepare the Record: The appellate court will need a record of the proceedings from the original hearing, including transcripts and any relevant documents. Your attorney will help ensure this is properly compiled.
- Appellate Brief: Your attorney will prepare an appellate brief, outlining the arguments for why the decision should be reversed or modified, supported by legal precedents and statutes.
- Oral Argument: In some cases, the appellate court may schedule an oral argument where your attorney can present the case and answer questions from the judges.
- Await the Decision: After reviewing the materials and hearing arguments, the appellate court will issue a decision, which could uphold, reverse, or modify the original ruling.
It’s important to note that appeals can be complex and time-sensitive, so timely action and experienced legal guidance are crucial.