What does Awaiting Disposition mean in a Criminal Case?
When a person is arrested and charged with a crime, they typically spend some time in custody awaiting the outcome of their case. During this time, their case is said to be awaiting disposition. But what does this term really mean, and what can you expect to happen during this period?
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What is Awaiting Disposition?
Awaiting disposition refers to the period of time between the arrest and charging of a defendant and the final disposition of their case. This can include negotiations between the prosecution and defense, plea bargaining, trial, and sentencing. Awaiting disposition is not a formal legal term, but rather a colloquialism used to describe the waiting period before a case is resolved.
The Process of Awaiting Disposition
The process of awaiting disposition typically begins after a person is arrested and charged with a crime. The police will book the individual into jail, and they will be held until a judge sets a bond or release conditions. Once released, the defendant will typically have a arraignment hearing, where they are formally read the charges against them and enter a plea.
After the arraignment, the defendant’s case will enter the awaiting disposition phase. This is where the defense attorney and prosecution will begin to negotiate a plea deal or prepare for trial. During this time, the defense may also conduct their own investigation, gather evidence, and interview witnesses.
Plea Bargaining
Plea bargaining is a crucial part of the awaiting disposition process. Plea bargaining is the process of negotiating a plea agreement between the prosecution and defense. This can involve the defendant pleading guilty to a lesser charge or accepting a reduced sentence in exchange for cooperating with the prosecution or providing evidence against other co-defendants.
According to the National Institute of Justice, plea bargaining accounts for over 90% of all criminal case dispositions. This means that in most cases, defendants will either plead guilty or plead no contest to a charge, rather than going to trial.
Types of Disposition
There are several types of disposition that can occur during the awaiting disposition phase. These include:
- Guilty Plea: The defendant pleads guilty to the charges against them and is sentenced accordingly.
- No Contest Plea: The defendant pleads no contest to the charges against them, which is often used as a substitute for a guilty plea.
- Not Guilty Plea: The defendant pleads not guilty and the case proceeds to trial.
- Mental Health or Substance Abuse Diversion: The defendant is diverted to a mental health or substance abuse treatment program in lieu of traditional sentencing.
- Probation: The defendant is placed on probation, which can involve regular check-ins with a probation officer and the completion of community service or other conditions.
Timeframe for Awaiting Disposition
The timeframe for awaiting disposition can vary greatly depending on the complexity of the case, the speed of the court, and the availability of resources. On average, it can take anywhere from a few weeks to several months for a case to reach disposition.
Here are some general guidelines:
- Simple cases, such as misdemeanors, may be resolved within 1-3 months.
- More complex cases, such as felonies, may take 6-12 months or more to resolve.
- Cases involving multiple defendants or multiple charges may take longer to resolve.
Conclusion
Awaiting disposition is a critical phase of the criminal justice process. During this time, defendants and their attorneys work to negotiate a plea deal, gather evidence, and prepare for trial. While it can be a stressful and uncertain time, it is also an opportunity for defendants to seek justice and achieve a fair outcome.
Here are some key takeaways:
- Awaiting disposition refers to the period of time between arrest and final disposition of a criminal case.
- Plea bargaining is a crucial part of the awaiting disposition process.
- There are several types of disposition that can occur during this phase.
- The timeframe for awaiting disposition can vary greatly depending on the complexity of the case.
By understanding the process of awaiting disposition, defendants and their attorneys can better navigate the criminal justice system and achieve a more favorable outcome.
