What Can I Expect at a Pretrial Hearing?

Before a trial can begin, pretrial hearings offer both the prosecution and defense an opportunity to discuss the case with a judge and raise any issues they feel are relevant. If you are facing criminal charges it is important to know what to expect before attending a pretrial hearing. Work with a Red Bluff criminal lawyer for skilled representation and legal advice.

What is a Pretrial Hearing?

A pretrial hearing is exactly what it sounds like. It is a hearing held in a courtroom with all relevant parties that takes place before the actual trial begins. The main purpose of a pretrial hearing is to simplify the trial process later on. During the hearing, the judge, prosecution, and defense will discuss various topics, gather information, set boundaries, explain procedures, and resolve any issues. This ensures that the kinks are ironed out before the trial begins.

The pretrial hearing can address the following types of issues and more.

• Evidence: One of the most common issues in a pretrial hearing is a motion to suppress evidence. The defense may wish to exclude certain evidence from the trial if it was obtained illegally or violates the defendant’s rights in some way. The hearing can also serve to allow both parties to exchange necessary information.
• Plea bargains: Many cases are resolved through a plea agreement before ever going to trial. The defense and prosecution can discuss the possibility of a plea bargain during the pretrial hearing.
• Discovery: Both parties will be required to share evidence and names of witnesses they intend to call to ensure an open and honest discovery process.
• Timeline: The court can establish a timeline for the trial and address any conflicts either party may have with the schedule.
• Motion to dismiss: The defense may use this time to file a motion to dismiss the case entirely. If there is insufficient evidence or other issues on the prosecution’s side, the judge may decide to throw the case out.
• Rights: The hearing can also act as a way for the defense to address the defendant’s rights including the right to a speedy trial, the right to avoid illegal searches and seizures, etc.

What Can I Expect to Happen at a Pretrial Hearing?

When attending a pretrial hearing the defense will meet with the prosecution and judge. You can expect that both sides will explain the strengths and weaknesses of their case, discuss evidence and information to be exchanged before trial, evaluate plea deal options, etc. Both sides will explain their case as well as raise relevant issues.

You may be offered a plea agreement where the prosecution requests that you plead guilty to either your original charges or a lesser offense on the condition that you will face the penalties of the lesser crime or they will recommend a reduced sentence.

Once all relevant information has been shared a judge will issue a ruling on each matter, addressing all motions and issues raised. For more information on what you can expect going into a pretrial hearing, reach out to an experienced attorney at Cohen Criminal Law today.