The pre-trial process in criminal law

Criminal Trials and Sentencing

Pre-Trial Process

Post Arrest

In a 2010 report, it is stated that Courtney Elizabeth Hernandez, of Killeen, Texas, was charged with the kidnapping of a 2-1/2-year-old girl. The Defendant was given permission by the mother of the child, who was stationed at Fort Hood as a soldier in the United States Army, to take the child camping. The child's mother contacted the defendant on the 5th of July 2010 to pick the child up. Hernandez promised to deliver the child but did not deliver the child home. The child was never returned home and the Defendant was charged with kidnapping. The Defendant was arraigned for kidnapping with her lawyer present in the Criminal Court. The prosecutor was also present for this hearing.

Pre-Trial

The Defendant's attorney filed a motion for discovery as well as a trial to set aside evidence on the basis that the evidence was not lawfully gained. The judge in this case signed the order for the motion of discovery but denied the motion to set aside evidence. The Defendant was interviewed by her attorney who was appointed by the Criminal Court judge as the Defendant was declared indigent and unable to afford an attorney. The State's witness, the mother of the child gave a deposition stating the facts of the case. The case went before the Grand Jury and the Defendant was indicted for kidnapping and the case set on the Criminal Court trial docket.

III. Settlement Docket

The case was set on a trial docket however, prior to the trial of the case, the case was set on a settlement docket, which involves the Defendant going to court and the prosecution offering a guilty plea agreement. Therefore, on the date the case was set the Defendant appeared in the Courtroom with her attorney. The prosecutor in the case made an offer to the Defendant that if she would enter a plea of guilty in the kidnapping case that prosecution would agree to a 15-year sentence for the case. The prosecutor warned the Defendant via her attorney that should the case be heard and a guilty verdict be found that she would likely serve much more time than the 15-year sentence that the prosecutor offered under the guilty plea agreement.

IV. Resolution of the Case