Video: Donald Hearing vs Settlement Conference
Start Transcript: Donald Hearing vs Settlement Conference
Today we’d like to talk to you a little bit about the difference between a Donald hearing and a settlement conference. Many people ask me what happens at a Donald advisement or a Donald hearing, and what happens at a settlement conference.
The Donald hearing is basically an opportunity for you to learn and understand exactly what the state is offering to you as well as what your total exposure is if you decide to go to trial. It also gives you an opportunity to hear it on the record in front of a judge to ensure that if you are told wrong information that you can later on go back and be able to explain to a court of appeals or a higher court that you were given erroneous information and that you relied on that erroneous information in order to make your decision about going to trial or taking a plea offer.
In a settlement conference, you’re actually given the opportunity to sit down with a prosecutor and with a judge, as well as your defense attorney, and finds out exactly what the evidence is against you as well as what the offer is. You’ll also be given what we call a mini Donald advisement again, telling you exactly what the exposure is if you decide to go to trial as well as what your exposure is under a plea agreement. The settlement conference also gives you an opportunity to talk to the prosecutor about some of your mitigation. In other words, how is this plea going to affect you? How is having this type of conviction going to affect you? It will give you an opportunity to hopefully convince them to give you a better plea offer or perhaps at least explain your side of the story.
Now, it’s very important with you to speak with your attorney before you speak at a settlement conference. Most settlement conferences cannot be used against you; however, it should always be something that you consider and speak with your attorney before you make any statements that could be against your interest at that settlement conference. Some people ask, “Can I take my family members?” I always encourage you to take your family members because you may not know all of the questions to ask. Sometimes your family members will be a little bit more forthcoming with questions. It’s also advisable to make sure that your family members know not to make any statements that might be against your interest as well if you do decide to bring family members with you.
Most of the time, judges will ask the family members if they have any questions and so they will be given that opportunity. If you have any questions about a Donald advisement or about a settlement conference, please feel free to give me a call. I do offer free consultations.