Calendar Call In courtrooms across the nation, a system is used by the Prosecution to determine how each of their cases will be handled that day: that system is known as the 'Calendar Call.
' Though this article contains an overview of the Calendar Call system, it is not meant to provide advice on how one should answer up for their individual case.
Receiving the advice of a local Criminal Defense Attorney will ensure your case has the best opportunity for a good outcome.
Additionally, though a Defendant has the right to represent themselves in court, a better resolution is normally possible by hiring, or being appointed, a Criminal Attorney to represent the Defendant.
One of the most frightening and frustrating things that occurs for someone who comes to court for the first time is the 'Calendar Call.
' This is the process which occurs at the start of that Court's session, whereby each Defendant's name is called and they are to answer up in one of several ways.
In District Court, the Prosecutors work off of what is known as the 'Calender.
' The Calender is a list of the Defendant's names and charges which consists of all the cases that are to be heard that day, in that courtroom.
This is what the Prosecutor will use to work through all of the cases of the day.
Before the Prosecutor performs the Calender Call, the Defendants are given instructions which explain that they are to answer up upon hearing their name in one of five ways (this may vary a little per Jurisdiction): 1.
Guilty, 2.
Not Guilty, 3.
Continuance (or sometimes 'Motion'), 4.
Court Appointed Attorney, or 5.
Private Attorney (sometimes they ask for the name of your Attorney).
Some Prosecutors include a little explanation about what these five responses will mean, others do not.
Even with the explanation, this can be an intimidating experience because Defendants are scared of answering incorrectly and not having their case resolved as they had intended.
In order to clarify this process, I have included an explanation of the five responses the Defendants are provided.
Guilty - Though this is admitting responsibility for the crime charged, in most instances it is not necessarily the final disposition of your case.
Those who answered "guilty" will be called up to the bench.
When there, the Defendant should speak with the Prosecutor to determine whether a reduction of the charge is possible.
If, when the Defendant speaks with the Prosecutor, the Defendant decides against pleading guilty, they need only tell the Prosecutor they wish to change their plea and the Prosecutor should permit them that opportunity.
Not Guilty - Pleas of Not Guilty indicate to the Prosecutor that the Defendant wishes to have a trial on their charges.
If this is the Defendant's first court date, the Prosecutor will most likely continue the case in order to gather more information in anticipation of the trial.
In most Jurisdictions, the Court will permit several continuances for both the Prosecutor and Defendant.
Continuance (or Motion) - This is requesting the Court to set a new court date for the case.
As explained above, normally each side is given several continuances.
Therefore if this is the Defendant's first court date, the court will likely grant their continuance request.
Court Appointed Attorney - This is requesting that the court appoint the Defendant their own attorney.
There are three things that should be understood about requesting a Court Appointed Attorney: 1.
some charges are not severe enough to qualify for the Court to appoint the Defendant an Attorney (namely, any offense for which a jail sentence is not possible), 2.
Court Appointed Attorneys are not free, rather if the Defendant pleads guilty or is found guilty, they will have to reimburse the State for the Attorney's cost, 3.
Lastly, only those with limited financial means will qualify to receive a Court Appointed Attorney.
The Defendant is required to submit an affidavit to the Judge indicating what financial resources they have available.
Based on the affidavit, the Judge will make a determination as to whether the Defendant qualifies to have an attorney appointed to them by the court.
If the Defendant is appointed an Attorney, the case will be continued and the Defendant will be given contact information for their Attorney.
Attorney If the Defendant has already hired an Attorney (or had one appointed to them), then they will simply answer up "Attorney" or their Attorney's name.
The reason for this is, once the Defendant has legal representation, the Prosecutor is prohibited from discuss the case with the Defendant without their attorney present.
Therefore by responding with "attorney" this puts the Prosecutor on notice that they cannot speak directly with the Defendant.
The Defendant will have to wait in court until their Attorney resolves the case with the Prosecutor.
Though this is a summation of the Calendar Call System in District Court.
If facing court, it is always best to speak with a local attorney familiar with the rules of that particular jurisdiction.
' Though this article contains an overview of the Calendar Call system, it is not meant to provide advice on how one should answer up for their individual case.
Receiving the advice of a local Criminal Defense Attorney will ensure your case has the best opportunity for a good outcome.
Additionally, though a Defendant has the right to represent themselves in court, a better resolution is normally possible by hiring, or being appointed, a Criminal Attorney to represent the Defendant.
One of the most frightening and frustrating things that occurs for someone who comes to court for the first time is the 'Calendar Call.
' This is the process which occurs at the start of that Court's session, whereby each Defendant's name is called and they are to answer up in one of several ways.
In District Court, the Prosecutors work off of what is known as the 'Calender.
' The Calender is a list of the Defendant's names and charges which consists of all the cases that are to be heard that day, in that courtroom.
This is what the Prosecutor will use to work through all of the cases of the day.
Before the Prosecutor performs the Calender Call, the Defendants are given instructions which explain that they are to answer up upon hearing their name in one of five ways (this may vary a little per Jurisdiction): 1.
Guilty, 2.
Not Guilty, 3.
Continuance (or sometimes 'Motion'), 4.
Court Appointed Attorney, or 5.
Private Attorney (sometimes they ask for the name of your Attorney).
Some Prosecutors include a little explanation about what these five responses will mean, others do not.
Even with the explanation, this can be an intimidating experience because Defendants are scared of answering incorrectly and not having their case resolved as they had intended.
In order to clarify this process, I have included an explanation of the five responses the Defendants are provided.
Guilty - Though this is admitting responsibility for the crime charged, in most instances it is not necessarily the final disposition of your case.
Those who answered "guilty" will be called up to the bench.
When there, the Defendant should speak with the Prosecutor to determine whether a reduction of the charge is possible.
If, when the Defendant speaks with the Prosecutor, the Defendant decides against pleading guilty, they need only tell the Prosecutor they wish to change their plea and the Prosecutor should permit them that opportunity.
Not Guilty - Pleas of Not Guilty indicate to the Prosecutor that the Defendant wishes to have a trial on their charges.
If this is the Defendant's first court date, the Prosecutor will most likely continue the case in order to gather more information in anticipation of the trial.
In most Jurisdictions, the Court will permit several continuances for both the Prosecutor and Defendant.
Continuance (or Motion) - This is requesting the Court to set a new court date for the case.
As explained above, normally each side is given several continuances.
Therefore if this is the Defendant's first court date, the court will likely grant their continuance request.
Court Appointed Attorney - This is requesting that the court appoint the Defendant their own attorney.
There are three things that should be understood about requesting a Court Appointed Attorney: 1.
some charges are not severe enough to qualify for the Court to appoint the Defendant an Attorney (namely, any offense for which a jail sentence is not possible), 2.
Court Appointed Attorneys are not free, rather if the Defendant pleads guilty or is found guilty, they will have to reimburse the State for the Attorney's cost, 3.
Lastly, only those with limited financial means will qualify to receive a Court Appointed Attorney.
The Defendant is required to submit an affidavit to the Judge indicating what financial resources they have available.
Based on the affidavit, the Judge will make a determination as to whether the Defendant qualifies to have an attorney appointed to them by the court.
If the Defendant is appointed an Attorney, the case will be continued and the Defendant will be given contact information for their Attorney.
Attorney If the Defendant has already hired an Attorney (or had one appointed to them), then they will simply answer up "Attorney" or their Attorney's name.
The reason for this is, once the Defendant has legal representation, the Prosecutor is prohibited from discuss the case with the Defendant without their attorney present.
Therefore by responding with "attorney" this puts the Prosecutor on notice that they cannot speak directly with the Defendant.
The Defendant will have to wait in court until their Attorney resolves the case with the Prosecutor.
Though this is a summation of the Calendar Call System in District Court.
If facing court, it is always best to speak with a local attorney familiar with the rules of that particular jurisdiction.