What is a “tracking review date” in a criminal case?
A “tracking review date” is different from a formal court review hearing. Many judges and court clerks will schedule a date to track the status of a case. When a plea is held in abeyance, the court often sets a tracking review date either on the date that the abeyance period expires, or a few weeks prior to that date.
Courts that schedule a tracking date prior to the abeyance period’s expiration date often do so to allow time to file an order to show cause if it appears that the conditions of the abeyance agreement have not been met. Although the abeyance expiration date is generally not a jurisdictional deadline, some courts will still set tracking dates early.
The best defense attorneys ask questions that police don’t.
Do I need to attend a hearing for the tracking review date?
The tracking review date is usually used only for internal court purposes. Unless the court has scheduled an additional hearing date, you usually will not need to appear in court.
Some judges will schedule a hearing on the same date that was originally set for tracking. So if you have any confusion as to whether you need to show up in court, contacting your defense attorney with questions is always a good idea.
What will the court do on the tracking review date?
Some courts will use the tracking date only to check for violations, but then wait for a formal motion to dismiss from defense counsel. Some courts will proactively enter a dismissal order if all of the abeyance conditions have been met.
The best attorneys understand your case involves more than just what happens in court.
The best practice for the defense is to track the case independently, to identify what actions the court has already taken, and to then file appropriate motions and orders as needed.
