In Miami-Dade County, a sounding is a hearing that occurs primarily in
felony cases. The sounding occurs 10 days prior to
trial. At this sounding, both the State, represented by an Assistant State Attorney
(prosecutor), and the accused, represented by a
Miami-Dade County criminal defense attorney, tell the judge whether each side is ready for trial.
A sounding is more or less a status report on a case. Either side may inform
the court about witnesses failing to appear for
depositions. The defense may use this as an opportunity to inform the court as to
whether all discovery (documents, police reports, witness statements,
etc...) have been properly turned over by the State.
Either side may ask for a continuance if more time is needed.
If a plea agreement has been reached, then the plea may be accepted at
the sounding.
Nearly all felony divisions in Miami-Dade County have soundings, with the
exception fo a few. In the divisions that do not have soundings, the cases
are just set for trial.
For
misdemeanors (in Miami-Dade County), the only types of cases that have soundings are
DUIs.
The most frequent request at a sounding is for a defense continuance. Bottom
line - felony (and some DUI) cases need a lot of time to prepare. Judges,
however, have an interest in keeping things moving along in their courtrooms.
For that reason, third-degree felonies, such as aggravated assault,
grand theft, and burglary of an unoccupied conveyance, are typically given only a
few continuances, whereas serious felonies, such as
attempted murder,
robbery, and armed burglary, may be given multiple continuances.
The number of continuances granted in a case is due to the degree of the
charge, the complexity of the charge, and the amount of preparation needed
to defend against the charge.
In a case where there are two witnesses, a judge is not likely to grant
a year's worth of continuances. In a case where there are twenty witnesses,
it is not uncommon for the case to remain open for years.
In Broward County, soundings are called "calendar calls." These
hearings are basically the same as soundings. Each side informs the court
as to whether or not they are ready for trial.
Soundings and calendar calls are merely a part of the court process. It
is the job of a criminal lawyer to attend these hearings, and be prepared
to address all issues with a case that may arise.
I am a
former Miami-Dade prosecutor and present criminal defense attorney who handles felony, misdemeanor,
criminal traffic, and DUI cases in Miami-Dade County and Broward County. I attend soundings
and calendar calls on a regular basis as part of my representation.
If you have a criminal matter that you would like to discuss, please
call me. My consultations may be conducted in-person or over the phone. They are
always free-of-charge and confidential.