If Pre-Indictment early disposition programs are to operate properly, full discovery to the defense counsel is essential.

By Darren M. Gelber |   Jun. 26, 2012

There are very sound reasons supporting pre-indictment disposition programs. In some counties, cases are placed on a Superior Court calendar, pre-indictment, and prosecutors and defense attorneys attempt to resolve them before the prosecutor invests time and effort to present the case to a grand jury. Depending on the county, this type of program is known as the Early Disposition Court (EDC), the Pre-Disposition Court (PDC) or the Pre-Indictment Program (PIP Court). Such programs benefit prosecutors, who can dispose of relatively simple cases without the need to present them to the grand jury, and benefit the defendant, who frequently is offered a more favorable disposition in exchange for resolving the case early.

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Topics : Guilty Plea, discovery, Electronic Data | 0 Comments Read More

A Plea for Better Plea Forms

By Darren M. Gelber |   Jun. 11, 2012

Bond WorksheetIn order to enter a guilty plea in Superior Court, the accused and his or her attorney must complete a multi-page document known as a plea form. The plea form is important because it documents many of the rights that a defendant waives when entering a guilty plea, warns the defendant of the consequences of the plea and memorializes the terms of the agreement between the defendant and the prosecutor. The plea form is signed by the defendant, the defense attorney and the prosecutor. Because it is so important, and is really designed for the benefit of the accused, the form should be written in easy-to-understand terms. Unfortunately, the form is very confusing, not well-written and really needs to be revised.

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Topics : Superior Court, Guilty Plea, plea forms | 0 Comments Read More

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