If you have never been involved in a criminal case, hearing that you or someone you know is required to attend a pre-trial hearing can be unsettling. Knowing the purpose of this type of hearing, what commonly occurs at the hearing and why it matters is essential to settling your nerves and improving your ability to support your case.
What is a Pre-Trial Hearing?
A pre-trial hearing is sometimes referred to as a pre-trial conference or review, but each term means the same thing.
This type of hearing is attributed to the court date after a defendant’s arraignment. As the name implies, it is a meeting before the actual court date when the defense team, prosecution team and judge meet to discuss issues relevant to the trial.
A pre-trial hearing is NOT when a judge or jury determines guilt or innocence. Instead, it is a time when attorneys on both sides can file a range of motions, discuss what evidence can be used, determine if there is fair cause for trial, and it is a time when defendants can enter a plea agreement.
Purpose of a Pre-Trial
A pre-trial hearing exists for several reasons. One purpose is to hold discussions between the prosecution and the defense regarding the admissibility of evidence. The judge will determine what evidence can and cannot be used. There may be pre-trial motions to admit evidence or disallow it. The defense and prosecution use these discussions to assess their case and the strength of the other side’s case.
In addition to examining motions and evidence, the pre-trial hearing is also a time to discuss a potential plea bargain for a lesser charge. A defendant may plead to a lesser charge to avoid a trial or jail time if possible.
The pre-trial is meant to set further dates, discuss evidence and motions, and determine the trial date. It is essential for organizing arguments and keeping the court docket moving.
What To Expect at a Pre-Trial Hearing
As a defendant, you may be anxious about what to expect on the day of your pre-trial hearing. First, take a deep breath and try to relax. Plan to meet your legal counsel outside of the courtroom you have been assigned. Showing up early is always advised, as you can never account for traffic or parking delays.
Once you have briefly met with your lawyer, you will enter the courtroom where you will sit with your counsel and opposite the prosecution. Plan to be an active listener that day and answer questions that your legal counsel advises you to. You can expect to hear opposing counsel’s arguments about evidence and motions, as well as your lawyer’s response. Try not to get upset: things can evolve over time in court cases as more evidence is presented.
Expect that your counsel and the opposing counsel will be exchanging information, witness lists and availability for a court date. If you plan to try to reach a plea agreement, that conversation will also happen at this hearing.
Do you have questions about your case? Talk to our team at Patrick Conway Law for legal advice and support through the complex legal process.