What You Should Know at Your Dispositional Conference

You’ve been charged with a crime in the State of Maine. You’ve had your initial appearance and now are heading toward your second court date: the Dispositional Conference. What should you expect? What should you do? What should you not do? 

1. What is a Dispositional Conference? 

The dispositional conference is your opportunity to negotiate a better outcome for your case. You will inevitably speak to a prosecutor about your case. If you are not getting an outcome you want from a prosecutor, you can also ask to have a meeting with both the prosecutor and the judge. 

2. How should you prepare?

Start by analyzing the case file you have received. Remember, the prosecutor has the burden of proving this case “beyond a reasonable doubt.” Make a list of every witness the prosecutor would call to testify against you. Write down everything that each particular witness would testify about and each exhibit that they could testify about. Ask yourself whether the prosecutor and the prosecutor’s witnesses can produce enough evidence to prove the case against you. Consider any contradictions, gaps, credibility issues, motive to lie, or anything else that could create a reasonable doubt in the mind of the judge or the jury.

If the prosecutor doesn’t have the evidence, or if there is a problem with some of the evidence, make note of that and be prepared to discuss it. 

Next, focus on building your own case. At minimum, there is going to be evidence that allowed the prosecutor to bring the charge. Be prepared to counter it with your own evidence. Ask yourself, how you will challenge that evidence at trial? Are there witnesses that can testify on your behalf? Do you have an alibi? Is there an alternate suspect that could have committed the crime? Make sure that the case you have built is reasonable. 

Additionally, make sure to draft any motions that could determine the outcome of the case and send them to the prosecutor seven days in advance. Not only are you required to do this according to the Maine Rules of Criminal Procedure, the prosecutor may realize there are issues with the case and give you a better deal before you get into court.  

Finally, considering everything you have done to prepare, ask yourself what a reasonable resolution to the case is for yourself and for the State.

3.  How should you negotiate with the prosecutor or the judge?

First, keep all of your discussions centered on the evidence in the case. Refer to the list(s) you created in the previous step and be prepared to talk about what you have analyzed. 

Second, talk about the case from the prosecutor’s point of view. Be prepared to talk about the case, not about yourself. The prosecutor and the judge could care less whether you go to church every Sunday or spend your free time burning ants with a magnifying glass. They care about the evidence and the risk that the conduct giving rise to the charge presents. 

Third, talk about risk and how the perceived risk can be mitigated. One of the main goals with the criminal justice system is to reduce or eliminate the risk that someone poses to others in the community. If you are charged with OUI, you can talk about how you are getting treatment to help you quit drinking. If you are charged with assault, you can talk about how you are getting treatment for anger management (if the root of the assault was an angry outburst). Make sure the facts of your case match the risk that you are discussing. 

Fourth, talk about the strength of the evidence. If the case is weak, bring that up. If a witness is not credible, address that. If the officer was unnecessarily rude or rough with you, bring that up. 

Fifth, be thoughtful about everything you say. Ask whether you are the only one that knows what you are going to say. If you are, ask yourself whether what you will say will help you in negotiations or would be better used at trial. 

Finally, don’t forget to talk about how the potential consequences of the case will affect you. If the consequence of the case is that you will lose your driver’s license, talk about how the loss of license will affect you. If the case will require you to pay a massive fine as a result, address that. If the case will result in you not being able to work, let the prosecutor and the judge know. 

4. What to avoid

There are a few things that you should absolutely not do when negotiating the resolution of your case.

DO NOT talk about what you remember happening. Though this may seem counter-intuitive, what you remember is your testimony. If don’t share your recollection of events, you may surprise the prosecutor at trial with something he or she did not know. Further, if you talk about what you remember happening, you could inadvertently make things worse for yourself.  

DO NOT inadvertently confess to a crime. When people attempt to litigate their own case, one of the common pitfalls is that they inadvertently confess to whatever they’re accused of (see the previous recommendation). For example, a someone might be charged with theft. The prosecutor says them, “you’re charged with theft of $100.00, why should I give you a better deal?” The person responds, “because it was actually $50.00.” This person just confessed to the crime.

DO NOT make things personal or engage in personal attacks(e.g., calling the cop an “idiot,” the judge “stupid,” and the prosecutor a “moron”). The judge and the prosecutor are professionals doing their job. Particularly in the legal field, if you resort to personal attacks, people will think you have nothing better to offer in your case. Usually, you do. Look at the lists you made in preparation and talk about that.

DO NOT give away too much! Unless you are specifically required to tell the prosecutor about a particular defense (e.g., an alibi defense), save something for trial. For example, if you are charged with OUI, the prosecutors case is weak, and you have a valid reasons for driving poorly when you were pulled over, don’t tell the prosecutor the reason you were driving poorly (e.g., sleep deprivation) unless it’s going to be the thing that gets you the deal you want! Save it for trial, let the jury sympathize with you.

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This article is meant for informational purposes only and does not replace the advice of a licensed and qualified criminal defense attorney. If you or someone you know are facing criminal charges, consult with a criminal defense attorney in your area.