What is a Disposition Hearing?
A disposition hearing is an important part of the criminal court process where a judge determines what sentencing terms will be imposed on a criminal defendant. The disposition hearing, in particular, comes after the determination of guilt. This often occurs when the criminal defendant pleads guilty and does not contest the charges, but sometimes occurs in other situations as well.
The disposition hearing usually occurs about four to six weeks after the sentencing terms are determined, but the amount of actual time varies based on whether the defendant has any prior offenses.
The defendant’s prior criminal history is a very important aspect of the sentencing process. A judge will evaluate the defendant’s previous convictions and sentences to determine whether the current offense warrants similar sentencing terms to the past or whether more severe terms would be appropriate .
This can affect any and all aspects of sentencing, but there are specific procedures that vary from state to state. In some jurisdictions, a defendant must plead guilty in front of the judge at the disposition hearing as opposed to during the plea bargain phase of the trial, while in other jurisdictions the plea bargain must occur several weeks earlier.
Additionally, a presentence report may be required if there is a possibility of incarceration. This report contains information about the crime, background of the defendant and other circumstances that could affect the sentencing terms. This is often completed previously, but the judge in some places may ask for additional presentence reports at disposition if deemed necessary.
The Function of a Disposition Hearing
The disposition hearing is the next step after the pre- disposition hearing. At the disposition hearing, the defendant (you) will be given a list of options. These options are not free and usually involve some type of punishment or service. The punishments can be serious, such as incarceration, or less severe such as probation. If you and your attorney are going to recommend some type of punishment, it is best that you look for ways in which you feel you can atone for your crime. The reason this is important is because chances are if you do not go into the proceedings with some type of recommendation, the Judge is going to say "well what do you want me to do?"
Judges are human, and they have been through law school, and on the bench long enough to know what may or may not work for certain crimes and certain criminals. Therefore, they are going to cling to your recommendation, at least initially. Its not that they do not want to help you, they want to help you within the bounds of the law. Some Judges have a set of "non incarceration" options like probation that they offer to first time offenders, whether the defendant recommends it or not. Other Judges are intolerant, and will want you to pay for your crime via jail time.
In the past, disposition hearings had a reputation of being less formal than other proceedings in criminal court, but lately there has been a push to make these hearings more formal and to treat them more like trials (for obvious reasons). The Judge is going to ask you a number of very standard questions, many of which you will have already answered during pre-dispositional hearings. In essence they will ask you about your criminal past, or if you do not have one, your family background including your upbringing, and your educational and work background.
As you are answering all of these questions, the Judge is likely deciding on the spot what type of punishment they feel fit, based on the crime and background that they have in front of them. In most times, they will ask your Attorney if any information in particular would help them make their decision, and your attorney could possibly make some good recommendations based on the facts of the case. If this is the case, be sure to follow your attorney’s advice on what to say and how to say it. In some cases, an advocate will speak on your behalf for some type of "mitigation" of your circumstances. An advocate is someone like a treatment provider, an army officer, an employer, teacher, minister, or social worker who advocates for a lighter sentence. This advocate is usually not an attorney and is someone who regularly engages with the court.
When a Disposition Hearing Happens
When the evidence phase of the criminal case is concluded, the disposition hearing takes place. The disclosures that are made during this process help the court and the parties prepare for the upcoming court dates and sentencing hearings. The disposition hearing is held to admit evidence related to a juvenile, explaining the actions of the alleged delinquent. The hearing is entirely separate from the delinquency proceedings. In most cases, if the juvenile is released into the youth’s parent or guardian’s care pending the hearing, then the disposition hearing will take place within 30 days of the adjudicatory hearing. However, an extension may extend the disposition hearing, until 30 days after the signed order. If the juvenile was removed from the home, the disposition hearing must take place within 60 days following the removal. The pre-sentencing report has to be completed by the time of the hearing, unless the judge decides to waive this requirement. Prior to a disposition hearing, a representative from the probation department is responsible for interviewing the juvenile. This interview is to determine whether the family environment is working to correct the juvenile’s delinquent behavior. This is also a chance for the representative to make a recommendation based on the following: Probation representatives, along with all relevant witnesses, will appear at the disposition hearing. The process gives the juvenile the ability to address the court and deny or admit to the allegations. The judge may ask questions of the witnesses and take a tour of the home prior to the hearing.
Who is Involved in a Disposition Hearing
A disposition hearing is a proceeding to determine what the defendant’s sentence will be. The judge will hear arguments from both sides of the issue, and then the outcome will be determined. The judge will make the final decision, but the defendant, also known as the respondent, is able to plead their case. There will be a number of parties present at the hearing.
The respondent is the individual that is facing charges for a crime. Prior to this type of hearing, this person will have already pleaded guilty, or not guilty of the crime that they are being charged with. The plea made by the respondent is important.
The judge is the primary individual that takes part in the hearing. They have received written statements from both sides, and worked with the different attorneys involved, prior to the proceedings. The judge will take all information into consideration before making the final ruling.
The respondent is working with their attorney prior to the proceedings. The job of the representative is to explain why the respondent should be given the minimum sentence, because of any circumstances that could be considered "mitigating."
The prosecutor is also known as the State’s attorney. This is the person who holds the responsibility of prosecuting the respondent for the crime. The prosecutor can attend the hearing.
There are times when witnesses are called to testify. This is especially common when the victim of the crime has either left the area, or passed away. If this occurs, the testimony of the victim can be heard through the witness statement.
Outcome of a Disposition Hearing
After a disposition hearing, the juvenile court judge may impose a sentence, defer the case for a period, or dismiss the case outright. At any of these three junctures, the defense attorney can argue the solution that they feel is best for their minor client, or, in some cases, the juvenile court judge may decline to impose any sentence whatsoever.
If a sentence is imposed after the disposition hearing, then the minor is either required to complete the term of probation exactly as ordered by the juvenile court judge or have the sentence revoked by the court. However, if the judge feels that a particular length of time is not necessary, he or she has the discretion of deferring the case for a period of time. In this case, the minor is placed on probation and is generally required to complete several different programs or satisfy certain conditions of probation in order to see the matter dismissed by the juvenile court judge at the end of the period.
Factors Considered in a Disposition Hearing
The outcome of a disposition hearing is determined by a variety of factors, including evidence presented, plea bargains, and state laws. Attorneys present evidence to support their clients’ positions, presenting evidence they hope will show the court their recommendation for sentencing is appropriate. If a defendant’s crime is a drug offense, for example, attorneys often try to present evidence of the defendant’s drug treatment and rehabilitation to show the court that the crime was a lapse in judgment and not part of a pattern of illegal behavior.
Of course, drug treatment and rehabilitation isn’t the only type of evidence presented. Other forms of evidence include the defendant’s level of education, their job record, the circumstances surrounding the crime, the impact the crime had on victims, and the defendant’s prior criminal record. All these factors come into play when attorneys make their recommendations to the court regarding sentencing.
As with any civil or criminal proceeding , attorneys will often negotiate a plea bargain with the prosecutor or attorney general to dismiss a lesser charge for a guilty plea on a more serious charge. This is frequently done in juvenile cases as well, to allow the minor to avoid permanent criminal consequences. Even so, judges have to approve the sentences in juvenile cases, meaning that a plea bargain won’t guarantee a specific sentence for the minor. Many times a judge follows the recommended sentence in criminal cases involving pleas, but this isn’t a requirement.
Following a disposition hearing, judges take time to review all the evidence and information provided. Due to the severity of the penalties many juvenile offenders face, the judge may decide to gather additional information before making a decision on the case. The judge in a juvenile case has the authority to send the minor home with a warning, require probation, suspend their drivers license, require community service hours, or order the juvenile to a rehabilitation program. Finally, in the most severe cases, a judge may sentence a minor to a juvenile detention center or even to try them as an adult.
How To Prepare for a Disposition Hearing
When you are charged with a crime, it can be very stressful, and you will want to do everything you can do to protect your future. You will go through many stages in the criminal court system, and how you prepare for each step can be the difference between a good outcome and a bad one. A disposition hearing is the next step after a defendant has had their initial hearing, where the charges were read, they entered a plea of not guilty, and bail was set. After this next step, the defendant must enter a plea of guilty or not guilty, but they can also take a deal, if there is one on the table.
If you’ve had a run-in with the law before, then you likely already know that the best way to prepare for anything is to hire a good criminal attorney with the experience that you need to help you with your case. Your attorney will guide you through what happens ahead of your disposition hearing and what you can do to prepare for it. They will let you know what kind of evidence they have against you, and of course, they will get you ready for whatever happens during the disposition hearing. They will also tell you exactly what kind of information you need to protect yourself, and what kind of paperwork you may need to bring along with you, such as financial records that can show how much money you make, your job history, and other information that can help your case. They will also tell you to prepare yourself for the possible outcomes of the disposition hearing. One of two things will happen: either you will go to trial or you will take a deal. If you take a deal, then you will plead guilty to the charges. When you do so, you are giving up many rights, such as your right to a speedy trial, to a jury trial, and the right to confront your accuser. You are basically admitting that you are guilty of the offense, and your lawyer should be there to help advise you on the best time and place to do this.
Common Myths
Common misconceptions surround disposition hearings in criminal court. One common myth is that both the defendant and victim have to be present for this hearing. This is not true. Both the victim and defendant are notified beforehand of the hearing by the state, but whether or not they attend has no bearing on the outcome at disposition.
Another misunderstanding is that judges always go with the recommendations of a probation officer. This is also false. The court must consider all the facts of the case and make an independent decision about how to proceed.
Many people believe that disposition hearings are held in front of the judge in a courtroom with a jury present. This is not the case. Disposition hearings are not conducted before a jury of peers; they take place in front of a judge and are handled much like plea hearings.
Some individuals think that disposition hearings are the same as sentencing. A disposition hearing is different from a sentencing hearing. Both hearings are reviewed and handled by a probation officer, but they are not identical. A disposition hearing has a much lower impact on an individual than a sentencing hearing. The ultimate impact will be dictated by the disposition that is issued by a probation officer and confirmed by a judge.
Effect a Disposition Hearing Has on a Defendant
A disposition hearing is an attempt by the court to rehabilitate the defendant before he or she faces any punishments, such as fines, restitution or imprisonment. As a result, there are generally no legal implications of these hearings. In other words, the defendant’s rights are not impacted by the plea or hearing. The consequences and terms of the person’s probation are what could lead to a case getting reopened if the defendant does not follow the rules.
Because the disposition hearing is essentially a second chance for rehabilitation, the terms decided upon by the court will be crucial for the defendant’s case. For example , if the judge orders the defendant to go to rehab, and they comply with the order, their case may be closed, resulting in a lesser punishment or no punishment at all. On the other hand, if the defendant does not go to rehab and fails to follow the court’s instructions, then the court may reopen the case and hand down more severe punishments than were initially offered.
Essentially, a defendant’s case is all but done when they go through the disposition hearing. It is almost as if the hearing is a separate case altogether. While the outcome will still impact the initial case, the disposition hearing is certainly a new proceeding.
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