Judge Joe W. Hendricks Jr.

Applies to

Pretrial diversion application

In applying for pretrial diversion, defense counsel must state and the defendant must agree to waive speedy trial or disposition rights.

Applies to

Commonwealth recommendation

The Commonwealth's Attorney must make a recommendation to the Court in response to every petition.

Applies to

Written prosecutor recommendations

When recommending diversion, the prosecutor must submit written recommendations stating the diversion conditions and the appropriate sentence if the agreement is unsuccessful.

An eligible person may petition for pretrial diversion after indictment, but no later than five days before trial.

Counsel must file the entry of appearance immediately upon being retained, except when the appearance is apparent from the record.

File and serve responses and replies on opposing counsel at least two days before the hearing.

Schedule hearings by telephone or in person through the Judge’s office.

Counsel scheduling a hearing on a motion expected to exceed 15 minutes should notify the Court and request a special date and time.

When an uncontested matter needs immediate attention, counsel should deliver the material directly to the Circuit Judge and request immediate action.

Applies to

Pretrial diversion petition

A pretrial diversion petition must be accompanied by notice to the Commonwealth's Attorney.

Applies to

Criminal record check

Before making a recommendation, the Commonwealth's Attorney must obtain a criminal record check and supply a copy to the Court and the defendant.

Notice to the Commonwealth's Attorney and the defendant is required in connection with a hearing at which the Court may revoke or void diversion participation.