What Is a Status Hearing in a Criminal Case?

By Teo Spengler - Updated March 15, 2018
Justice, court hearing

So many criminal cases are brought by prosecutors every year that the courts have developed very predictable steps that take the case from the commission of a crime to trial and sentencing. In the United States, one of the steps is a status conference and another is a plea hearing. There is also a pre-trial hearing. It is easiest to put these into context by understanding the outline of a criminal case.

Tip

A status conference in a criminal court is a hearing to determine the status, or progress and direction, of a case. A plea hearing is the court appearance in which the defendant pleads guilty or not guilty.

Early Steps in a Criminal Case

In one sense, a criminal case begins when the crime is committed and discovered. The people discovering the crime call the police, and they investigate the crime. The police may interview all relevant people, as well as preserving the crime scene by taking photos, recording measurements, and lifting fingerprints and DNA samples.

In time, the police find and arrest a suspect. They can refer the case to the District Attorney’s Office suggesting charges. A prosecutor (an attorney) reviews all of the evidence the police have gathered. She then determines whether the person will be charged with a crime.

The prosecutor issues or declines criminal charges. If a case is charged, the prosecutor files a criminal complaint charging the person with committing a misdemeanor or a felony. Those charged with misdemeanor will likely post bail and be released pending trial. Those charged with felonies sit tight until the initial appearance in court.

At the initial appearance, the judge talks to the defendant about the charges, the maximum penalty, and their rights to an attorney. Sometimes bail is set.

Hearings and Conferences

After this initial stage of the criminal process, the court schedules a variety of hearings and conferences to get the case organized. Misdemeanor cases process differently than felonies.

In misdemeanor cases, the defendant enters a plea of guilty, not guilty or no contest at an early plea hearing. In felony cases, the court sets a date for a preliminary hearing at which the prosecutor must prove to the court that there is sufficient evidence to believe that the defendant committed the crime. After that, the court may hold a status conference to determine the progress and direction of the case. An arraignment is the hearing at which the defendant is charged with the crime and enters a plea. The court usually holds a pre-trial hearing to organize issues before trial.

After these hearings and conferences, a trial is scheduled and, in time, is held if the case doesn't settle. The defendant is either convicted or acquitted.

About the Author

Teo Spengler earned a J.D. from U.C. Berkeley's Boalt Hall. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. She holds both an M.A. and an M.F.A in creative writing and enjoys writing legal blogs and articles. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. Spengler splits her time between the French Basque Country and Northern California.

Cite this Article A tool to create a citation to reference this article Cite this Article