What is a disposition hearing for a criminal case? And how often are people readmitted into pretrial intervention?
5 attorney answers
It is simply a "status conference" where the Judge wants to know what is going on with the case. In other Florida Counties, they use the term "Pre-Trial Conference" or "Status Conference", but in Hillsborough they use the term "disposition." If the person was rejected from Pre-Trial Diversion, the case is re-opened and the Public Defender assigned will litigate the case from there. It sounds like there was a misunderstanding why the Defendant did not show and therefore his/her attorney was successful in getting the warrant removed. He/She needs to keep in contact with their attorney so a future court date is not missed. It is possible the person may be allowed back into the Diversion program but that is handled on a case by case basis. As a side note, I notice that you mentioned a DUI was reduced to a Reckless Driving. In Hillsborough County, you cannot enter into a Diversion Program on a criminal traffic charge. I am only speculating, but I believe these are 2 separate cases and the reason he was rejected from Pre-Trial Diversion is because he picked up a new charge (the DUI). I hope this was helpful
A disposition hearing in Tampa usually refers to a status hearing. If the Defendant picked up new charges, then it is highly unlikely that they would re-enter the program. It is possible, and dependent on the circumstances on why he/she was rejected from the program. The Defendant needs to get in touch with their PD asap. Good luck.
A disposition hearing is a sentencing hearing. The term is uaually (although not always) used in juvenile proceedings.
PTI usually has a zero tolerance policy. It is not unheard of but it is rare for anyone to be readmitted.
Based on your factual proffer (a FTA and a BW) s/he is likely going to be bounced out and face prosecution on all charges (plus, when s/he gets picked up on the warrant s/he will likely be held without bond).
S/he needs to get with her/his lawyer, arrange a surrender and pray that a mia culpa will do the trick.
That said, if you want to KNOW (caps intentional) what a Clerk's docket entry means then I suggest that you go straight to the source. Call the Clerk of Court and ask a Deputy Clerk to explain the entry to you after which you will KNOW (again, caps intentional) what it means. (As an aside, if you follow the rule of the 3 "p"'s - be patient, pleasant and polite - then you will likely be surprised at just how knowledgeable and helpful the Deputy Clerk's can be. Conversely...)
I hope that I have been helpful in answering your question.
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Disposition hearing is another term for sentencing hearing, where the case will be disposed of, one way or another. Whether someone is readmitted into pretrial intervention really depends upon why they were bounced from the program. Failure to appear at a hearing is not a good thing. Next best thing is likely probation with a withhold of adjudication.
A skilled attorney may be able to get you back into the program, or would have at least made sure you were at the hearing.