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Pre-trial Stages of a Criminal Case

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  What Are Pre-trial Stages of a Criminal Case?

There are several pre-trial process steps in the pre-trial procedure in criminal cases . These range from the initial arrest of the defendant to sentencing and possible appeals.

The general steps in pre-trial proceedings are discussed below.

When an individual is arrested, they are taken into police custody, and they are no longer free to leave or move about as they wish. Physical restraints, such as handcuffs, are not necessary to constitute an arrest.

All that is required for an arrest is law enforcement authority over an individual. There are two situations in which an arrest may occur:

• When a law enforcement officer observes an individual commit a crime;
• When a law enforcement officer has probable cause to believe that an individual has already committed or is going to commit a crime.

After an individual is arrested, they are usually brought to a police state or department and booked. This means they are entered into the law enforcement system.

This process typically includes gathering personal information from a suspect, taking their fingerprints, and confiscating personal property they may have. After a suspect is booked, they are typically placed into a holding cell.

Bail is money that is paid by an individual who was arrested in exchange for their release from law enforcement custody. The individual agrees to appear in court for all of their scheduled court proceedings as a condition of their release.

In some cases, an individual may not be permitted to post bail right after they are booked. Instead, they are required to wait until a bail hearing is held or wait for their arraignment.

In these cases, the court will determine whether or not they will be granted bail as well as set the amount.

Arraignment

An arraignment is the first court proceeding for a defendant in a criminal case. At the arraignment, the court will read the criminal charges against the defendant and ask if they have an attorney.

The court will also ask them to enter their plea , which is typically guilty, not guilty, or no contest. Future proceedings, including the preliminary hearing and the trial, may be scheduled during the arraignment.

During the arraignment, the prosecution may provide the defendant and their attorney with documents they obtain related to the case, for example, a police report of the incident. The defendant has the right to an attorney, even if they cannot afford one.

If this is the case, the court will appoint a lawyer to represent the defendant at this point.

Plea Bargain

Many criminal cases end at the plea bargain stage when a defendant agrees to plead guilty. In many cases, they plead guilty to a lesser charge than the one they were facing.

In the alternative, the defendant may plead guilty in exchange for a lesser punishment that they may have received if they went to trial and were found guilty. If a defendant is charged with multiple offenses, they may, in some cases, plead guilty to only one of those offenses, and the prosecution will drop the other charges.

Plea bargains may also involve an agreement between the prosecution and the defense regarding the defendant’s punishment. A plea bargain may also be unagreed.

In these instances, the prosecution and the defense will suggest a punishment to the court, and the court will choose what it feels is appropriate. In some states, these types of pleas are said to be defense-capped.

This means that if the court chooses a level of punishment that is more severe than what was suggested by the defense, the defendant is permitted to withdraw their guilty plea and go to trial instead.

Preliminary Hearing

Following the arraignment, if a plea bargain is not entered into, a preliminary hearing is held. At this hearing, the court considers the prosecution’s evidence and determines whether there is sufficient evidence to charge the defendant with the crime.

It is important to note that the role of the preliminary hearing may differ by state.

What Is a Probable Cause Hearing?

When is a probable cause hearing necessary, what occurs at a preliminary hearing, what are the differences between a preliminary hearing and a trial, do i need a lawyer.

A probable cause preliminary hearing, as discussed above, is one of the pre-trial steps before the trial phase of a criminal case . It is typically referred to as a preliminary hearing or a probable cause hearing.

This type of hearing is held to determine whether or not probable cause exists to conclude that a crime was committed and the defendant was the perpetrator. A criminal defendant can use this hearing as a defense because it requires the prosecution to provide adequate proof to show probable cause for the criminal case to go forward to trial.

Probable cause can be defined as “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.” Every state has its own rules regarding preliminary hearings.

If a defendant is in custody, however, the hearing must be held within 30 days of the arraignment. If a defendant has pleaded guilty or no contest at their arraignment, there is no need for a preliminary hearing, and it would not occur.

If a defendant is not in custody, the preliminary hearing may not occur for 60 to 90 days following the arraignment.

Whether or not a probable cause hearing is required will depend partly on the laws of the state in which the case is being handled. In the majority of states, defendants who have been charged with felony offenses have the right to a probable cause hearing.

A defendant may also waive the probable cause hearing, which means they do not want it to occur. Defendants who are charged with misdemeanors do not have the same right to a probable cause hearing.

In some states, preliminary hearings are held in every severe case. In other states, the hearing will only be held at the request of the defense.

Some states only hold probable cause hearings in felony cases but do not in misdemeanor cases. An individual should consult with a criminal defense attorney to ensure they protect their rights concerning a probable cause hearing and whether or not they should waive that right.

At a preliminary hearing, the prosecution will present evidence and witnesses that establish probable cause that the defendant committed the crime with which they were charged. A defendant may cross-examine witnesses and present their own evidence to demonstrate that there is no probable cause that they committed the crime.

The court will examine all of the evidence and listen to the arguments of both sides. The court will then determine whether or not the defendant should be forced to stand trial.

There are several differences between preliminary hearings and trials, including:

• A preliminary hearing typically only lasts a few hours, but a trial can take weeks;
• The preliminary hearing is decided by only a judge, where a judge or a jury may decide the outcome of a trial;
• The burden of proof on the prosecutor is much lower for a preliminary hearing than for a trial;
• In contrast, a trial is meant to decide the defendant’s guilt or innocence.

If you are facing any type of criminal charges, it is important to consult with a criminal lawyer . Your lawyer can advise you of the pre-trial stages in your state as well as what to expect during a trial.

Your lawyer will advise you of your legal rights and any possible defenses you may be able to present in court. Each time you are required to appear in a courtroom, your lawyer will be present with you.

Your attorney can also help you negotiate a plea bargain with the defense to try and have your charges reduced or your punishment less severe. Having a lawyer will help ensure your rights are protected throughout the pre-trial and trial process.

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• Getting Ready For Trial

Most of the progress of a federal case happens in what is called the pretrial phase, and will include actions that must occur before the start of the trial.  Strict rules and policies dictate what happens at the pretrial stage of both types of cases.  This is to be sure both sides are treated fairly and are afforded their rights equally.   At the federal level, all filings, including briefs , are made electronically online.  All hearings and trials happen in a courtroom that is open to the public, except in rare cases such as when a juvenile is involved.

• Civil Pretrial
• Criminal Pretrial
• A person or entity (the plaintiff ) files a civil complaint against another person or entity (the defendant ).
• The plaintiff must serve the defendant with the complaint by officially delivering it to them in person or electronically.
• The defendant files and serves an answer , which is their response to the complaint.
• If the defendant fails to respond, the plaintiff can request default judgment , meaning the case would be decided in favor of the plaintiff.
• After the complaint and answer, the judge meets with the lawyers to work out a schedule.  The judge issues a case management order , setting all dates and deadlines needed to manage the case.
• The judge may refer the parties to alternative dispute resolution / mediation , where the parties may reach a settlement without the need for a trial.
• If settlement cannot be reached, the case moves toward trial.
• To prepare for trial, both sides will conduct discovery .  During discovery, both parties gather all the information and evidence they will present in court.  Both sides can take depositions of witnesses.  Either side can request documents and statements from the other side when building their case.
• Both parties are required to disclose everything they’ve collected about the case to each other, during the pretrial phase.  It’s common for a settlement to be reached after discovery, but before trial.
• For example, either party can file a motion to compel the other party to give up certain evidence needed for discovery.
• A motion in limine asks the judge to exclude certain evidence from being used by the other side.
• Another common motion filed is for summary judgment , which requests the judge to rule for the party filing the motion. The party filing the motion for summary judgment will argue that no facts are in dispute, so there is no need for a trial.
• The attorneys for both parties are required to attend a final pretrial status conference to inform the court how they are proceeding in preparation for trial.
• Suspicious activity occurs and is investigated.  An arrest may happen at this stage.
• The U.S. Attorney in that federal district seeks an indictment from the Grand Jury .  The grand jury sees evidence and hears testimony.  Only the prosecution presents evidence to the grand jury.  The accused person does not have any right to present evidence to the grand jury.
• The grand jury decides if there is enough evidence to proceed with prosecution or not. If not, the case is dismissed.
• If an indictment is issued, the prosecuting attorney for the government seeks an  arrest warrant  from a judge.  The  defendant  can surrender, or may be arrested by the U.S. Marshals Service.
• The defendant meets with a Pretrial Services Officer , who prepares a report recommending whether or not the person should be released on bail.
• The defendant appears before a  Magistrate Judge  to hear charges – called an initial appearance .   At this hearing, the defendant is asked if they have an attorney, or if they need an attorney appointed for them because they can’t afford it.
• If the government’s attorney seeks to have the defendant detained until trial, a detention hearing is held.  The defendant is present, and is represented by a lawyer, at this and all future hearings.  The judge will use the report from the pretrial services officer, among other things, to make the decision.
• The defendant is either released on bail or kept in custody until the next court date.  If released, the defendant usually must follow conditions like submitting to drug testing and reporting to a pretrial services officer while awaiting trial.
• The defendant appears before a magistrate judge to be formally advised of the charges, and to enter  not guilty plea  – this is called an  arraignment .
• If plea is later changed to guilty, a hearing is scheduled before the  District Judge for the defendant to enter the  guilty plea .  After entering a guilty plea, the defendant will then meet with a  Probation Officer , who prepares a pre-sentence report.  The defendant will appear before a district judge at a separate hearing, to be  sentenced .
• If the plea is not guilty, then the attorneys will begin preparing for trial.  During pretrial  discovery , the defense attorney and the prosecuting attorney conduct an investigation to gather all the information and evidence they will present in court.
• The government must  disclose  the information and evidence they have against the defendant, so that the defendant and their attorney can prepare the defense.
• Both sides can file  pretrial motions  seeking information from the opposing side or  rulings  from the judge.  The defendant can seek to  suppress   evidence, statements, or identification that were obtained in violation of his/her constitutional rights, or otherwise challenge the charges.

Let’s Make a Deal

Realistically, only a small percentage of federal cases, criminal or civil, actually go through the entire trial process.  Because trials are risky, many parties look to settle their differences during the “pretrial” phase of the process.

In criminal cases, the defendant will likely get a shorter sentence or less harsh punishment by accepting responsibility by pleading guilty.  The prosecutor may agree to drop some of the charges if the defendant admits guilt.  The defendant’s attorney works with the prosecutor to come to terms both sides can agree with.  These pretrial negotiations, sometimes called a plea bargain , do not involve the judge until the defendant formally changes their plea from not guilty to guilty.  At that time, the judge will put the defendant under oath, and ask a series of questions to determine not only that the defendant is competent to enter the plea, but also that he is doing so truthfully and willingly.  Once the judge accepts the guilty plea on the record, a sentencing hearing is scheduled for a future date. Visit the Student Center page about Your Day in Court to learn more.

In federal civil cases, the judge often recommends or requires the parties to attempt to reach a settlement in the pretrial phase.  This often takes the form of Alternative Dispute Resolution(ADR) or mediation .  This provides a cheaper and faster way for parties in a civil law suit to settle their disagreement without a full trial.  This process is non-binding until an actual settlement is reached, so the parties can request an actual trial at any time.  An impartial person, sometimes called a neutral or a mediator , facilitates discussions between the two sides, to assist them in coming to an agreement.  Many civil disputes must first go through the mediation process, by order of the judge.  All mediation proceedings are confidential, and never become part of the court record.  If the parties don’t reach a settlement this way, the case will continue to proceed through the court system.

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Preparing For A Trial

Learn some of the things you must attend to as trial approaches, including attending pretrial and settlement conferences, preparing trial memoranda, and subpoening trial witnesses.

In a civil case, nearly everything the parties do is in some way preparing for trial. For example:

• The plaintiff files a complaint to start the case. That complaint states plaintiff’s legal claims and what the plaintiff wants. If plaintiff’s claims have not been resolved by motion during the case, they will be decided at trial. And at the end of the trial, the court or a jury will decide what plaintiff gets, if anything.
• The defendant files an answer to respond to plaintiff’s allegations. The answer states defendant’s defenses. If those defenses have not been resolved during the case, they will be resolved at trial.
• Both parties exchange documents and lists of witnesses at the beginning of the case. The parties might also engage in discovery to get additional documents and information. The purpose of all that fact and document gathering is to get evidence to present at trial.

As the trial date approaches, both parties will organize their cases and get ready for the big day that will finally decide the case. If the judge has issued a trial setting order (which most judges do), study it carefully. It probably contains deadlines and other requirements you must comply with before trial.

FYI! If your case is in the arbitration program, you’ll prepare for “arbitration” rather than “trial.” But many of the same considerations apply. Study all the arbitrator’s orders carefully. You probably have deadlines and other requirements as the arbitration approaches. Also familiarize yourself with the arbitration rules. Click to visit the ADR Commissioner website to learn more.

Entire books have been written about trial preparation, trial strategy, and trial procedure. Such in-depth discussion is beyond this website’s scope. Below, you will find general information on some things to be aware of as trial approaches, such as: Settlement conferences   Pretrial conferences   Trial memoranda   Subpoenas for witnesses  

But if you seriously intend to represent yourself at trial, go to your local law library and ask the librarian for assistance finding simplified guidebooks and instructional videos on trials, evidence, and witness examination. Better yet, hire a lawyer to represent you!

For library location and contact information, click to visit Law Libraries . For information about hiring a lawyer, click to visit Lawyers and Legal Help .

Settlement Conferences

At any time in a civil case, the judge can order the parties to meet in person with a judge (who is not assigned to the case) to attempt to settle the case before trial. (SCR 252; EDCR 2.51; LVJC 24.5.)

FYI! You can also ask the judge to set a settlement conference in your case! (EDCR 2.51.) Sometimes settling the case for terms you can live with is better than taking the risk of losing everything at trial. A settlement judge can give you and the other side a frank evaluation of the strengths and weaknesses in your case. You and the other side might be too close to the case to see it realistically. A settlement judge’s perspective might be just what you need to get the case resolved.

How a settlement judge conducts a settlement conference varies from judge to judge. The settlement judge will usually tell you what he or she expects and how the settlement conference will be conducted. If you have questions, call the settlement judge’s assistant for clarification.

The district court’s rules require the parties to submit settlement briefs before the settlement conference. (EDCR 2.51.) These briefs are confidential, and only the settlement judge sees them. A settlement brief might contain such things as:

• A description of the facts of the case
• An analysis of the strong points and weak points of your case and the other side’s case
• An analysis of the evidence that supports your case and the other side’s case
• A history of settlement discussions between you and the other side
• A settlement proposal from you (what you would be willing to make or accept to end the case)

If your case is in the district court, Eight Judicial District Court Rule 2.51 says exactly what you must include in your settlement brief.  Click to visit District Court Rules .

If you are able to settle the case, the settlement judge typically enters the agreement into the court’s minutes as an order. But the agreement might also be written out and signed by the parties. 

Pretrial Conferences

The judge can order the parties to appear at one or more pretrial conferences. (NRCP 16; JCRCP 16.)

The purpose of the conferences is generally to make sure that trial preparation and the trial itself are focused, streamlined, well managed, and expedited. Topics at the conferences might include such things as:

• How to simplify the issues in the case and get rid of frivolous claims and defenses
• Whether the pleadings in the case need to be amended
• Whether the parties can agree that certain facts and documents should be admitted so they do not have to submit proof of those facts or documents at trial
• Whether it makes sense to refer some preliminary matters to a special master
• Limitations on the time of trial and time to present evidence
• Possible settlement of the case
• Anything else that might aid in the just, speedy, and inexpensive disposition of the case

All parties are required to attend any scheduled pretrial conference. They are also required to be prepared and to participate in good faith. If a party fails to attend or participate, the court could sanction them and even dismiss their case.

To learn more about pretrial conferences, study the court rules:

• If your case is in district court, study Nevada Rule of Civil Procedure 16 and Eighth Judicial District Court Rule 2.67 and 2.68. You might also need to prepare and file a pre-trial memorandum, so study Eighth Judicial District Court Rule 2.67 carefully. Click to visit District Court Rules .
• If your case is in the justice court (other than Las Vegas), study Justice Court Rule of Civil Procedure 16. Click to visit Justice Court Rules .
• If your case is in the Las Vegas Justice Court, study Justice Court Rule of Civil Procedure 16 and Justice Court Rules of Las Vegas Township 24. Click to visit Justice Court Rules .

Trial Memoranda

The judge might order the parties to prepare and file a written trial memorandum.

The purpose of a trial memorandum is to assist the court at trial. Among other things, a trial memo might include:

• An outline of the important facts and how those facts support your claims
• A list of the claims for relief you included in your pleadings and the damages being sought for each claim
• A list of defenses
• A list of exhibits
• A list of witnesses
• A statement of the issues of law that need to be addressed at trial

Read any order from the court carefully to see whether it requires you to submit a trial memorandum and what that memo must address.

TIP! Even if the judge does not require a trial memo, it might be a good idea to submit one. In district court, you can file a trial memo at any time before close of trial, so long as the judge hasn’t ordered something else. (EDCR 7.27.) In the Las Vegas Justice Court, you should submit your memo at least fifteen days before trial. (JCRLV 23.)

To learn more about trial memos, study the court rules:

• If your case is in the district court, in addition to a trial memorandum ordered by the judge, you might need to file a pre-trial memorandum. Study Eighth Judicial District Court Rule 2.67. Click to visit District Court Rules .
• If your case is in the Las Vegas Justice Court, study Justice Court Rules of Las Vegas 23. That rule says what a pretrial memorandum must contain. Click to visit Justice Court Rules .

Subpoenas for Witnesses

A subpoena is an order requiring a person to attend a particular event or proceeding, such as a trial. A subpoena duces tecum is an order requiring a person to attend and bring documents with them.

You should ordinarily serve a subpoena on all witnesses you need to testify at trial. It is a good idea to do this as soon as possible so they can make arrangements at work, for child care, and the like.

If you are representing yourself, you must have the court clerk issue the subpoena before you serve it. (NRCP 45; JCRCP 45.) To do that, fill out a subpoena form and be sure to include the following information:

• The name of the court where your case is filed
• The title of the action
• The case number 
• A command that a specific person appear at a stated date, time, and place to testify (or testify and provide documents)

You must then submit your completed subpoena form to the clerk who will “issue” the subpoena (meaning the clerk will sign or stamp it). You will then need to have your subpoena “served” (delivered) to the person named in the subpoena who you are requiring to appear.

A subpoena for appearance at trial (with and without documents) is available, free of charge, at the Self-Help Center, or you can download it on your computer by clicking one of the formats underneath the form’s title below:

JUSTICE COURT SUBPOENA FOR ATTENDANCE AT TRIAL (WITHOUT DOCUMENTS)   Pdf Fillable  

JUSTICE COURT SUBPOENA FOR ATTENDANCE AT TRIAL (WITH DOCUMENTS)   PDF Fillable  

DISTRICT COURT SUBPOENA FOR ATTENDANCE AT TRIAL (WITHOUT DOCUMENTS)   Pdf Nonfillable  

DISTRICT COURT SUBPOENA FOR ATTENDANCE AT TRIAL (WITH DOCUMENTS)   Pdf Nonfillable  

You must arrange to have the subpoena served personally on the person named in the subpoena. The subpoena can be served by a constable, sheriff, private process server, or any person over eighteen years old who is not a party to the case.

Along with the subpoena, you must also serve a check for a witness fee. The fees are currently $25 a day plus $0.58 per mile (estimate the number of miles for a round trip to the court or wherever you are requiring the person to appear).

You must file proof of service of the subpoena with the court. An affidavit of service is included as part of the subpoena form. The person who serves the subpoena must fill out the affidavit of service, and you will file the entire subpoena with the court clerk.

A person who receives a subpoena can file a motion to “quash” (invalidate) or modify the subpoena if the subpoena requires compliance in an unreasonable amount of time, requires a someone not a party to the case to travel more than 100 miles, requires disclosure of privileged information, or subjects a person to an undue burden.

Failure by any person to obey a subpoena can be deemed a contempt of the court. (NRCP 45(e).) The court can fine the person up to $500 and imprison the person for up to twenty-five days. (NRS 22.100(2).) Additionally, a witness who disobeys a subpoena could be required to pay $100 and all damages sustained as a result of their failure to attend, and a warrant could issue for the witness' arrest. (NRS 50.195, 50.205).

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This website was designed and is maintained by Legal Aid Center of Southern Nevada, Inc., a private, nonprofit, 501(c) (3) organization that operates the Civil Law Self-Help Center through a contract with Clark County, Nevada. This website is intended to provide general information, forms, and resources for people who are representing themselves in a Clark County court without a lawyer. The information on this website is NOT a substitute for legal advice. Talk with a lawyer licensed in Nevada to get legal advice on your situation.

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Pretrial, also called pretrial conference or pretrial review, is a hearing prior to trial, which all parties involved in the trial attempt to determine the issues, laws, or facts matter, before the court trial . It would be held when all initial pleadings have been submitted.

In civil cases, pretrial discovery occurs when the attorneys of both parties reach consensus on relevant facts or evidence and put them into an agreement, with the stipulation that this consensus will be binding for the subsequent procedure of the trial. 

In criminal cases, the court may hold one or more pretrial conferences, where the defense and prosecution exchange information about the case and will discuss what evidence will be presented in the court. Any crime or evidence beyond the memorandum agreed by the defendant or their lawyer will not be used against them according to the Federal Rules of Criminal Procedure Rule 17.1 .

[Last updated in May of 2022 by the Wex Definitions Team ]

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What is a Pre-Trial Conference?

by Paula Dobbyn | Jan 21, 2022 | Blog , News | 0 comments

Those new to the criminal justice system often wonder what a pre-trial conference is and what purpose it serves. Generally speaking, a pre-trial conference is a court hearing where a prosecutor and a defense attorney get together and discuss whether a case is going to go to trial or whether it can be resolved through a plea agreement.

Pre-trial conferences often take place in the weeks after a defendant is arraigned. A pre-trial conference may be held prior to trial in both civil and criminal cases.

A pretrial conference may be conducted for several reasons: (1) expedite disposition of the case, (2) help the court establish managerial control over the case, (3) discourage wasteful pretrial activities, (4) improve the quality of the trial with thorough preparation, and (5) facilitate a settlement of the case.

Oftentimes, the prosecutor will have provided the defense with all the relevant documents and police reports ahead of a pre-trial conference so that the two can have a meaningful conversation. If not, police reports or other information will generally be provided to the defense attorney at the pre-trial conference, and a second court date will be scheduled where the defense will have to decide whether or not they will accept the prosecutor’s settlement offer or instead want to proceed to trial.

If the two sides do reach an agreement, it’s possible in some cases (especially those involving less serious misdemeanor charges) to resolve the case at the pre-trial conference. In such cases a judge will permit the defendant to enter a plea and will sentence him or her at that time. In more serious cases, where additional time is needed to prepare sentencing arguments, the court will generally schedule a plea and sentencing hearing for a later date.

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What Happens at Pre-Trial Hearings?

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Navigating the intricacies of the legal system can be daunting, especially when facing criminal charges. Pre-trial hearings play a pivotal role in shaping the trajectory of a case, yet many individuals question what transpires during these crucial proceedings. With fewer than one percent of defendants going to trial and winning their case, it’s more important now than ever before to possess a significant understanding of each part of the criminal justice system, including pre-trial hearings.

This page delves into the key elements that typically unfold during pre-trial hearings, providing a comprehensive outline of the process. This page clarifies the courtroom dynamics from the questions a judge might pose to defense attorneys' strategies.

Arraignment

During the arraignment, the defendant is formally notified of the charges against them, and they must enter a plea of guilty, not guilty, or no contest. Their attorney will explain the charges, potential consequences, and legal rights, helping them decide on their plea.

Depending on the plea entered, the case will proceed differently. The process moves toward trial preparation if a "not guilty" plea is entered. If a guilty plea is entered, the court may move toward sentencing or await a plea agreement. 

Bail and Release Consideration

If the defendant is in custody, the court will conduct a bail hearing to determine if bail should be granted. The court considers factors such as the seriousness of the charges, the defendant’s criminal history, ties to the community, employment status, and potential flight risk. The defendant’s attorney may present arguments to support a reasonable bail amount or release. 

If bail is granted, the court will set a bail amount the defendant must pay to be released. In addition to bail, the court may impose certain conditions for the defendant's release, such as surrendering a passport, attending counseling, or staying away from specific individuals. Sometimes, the court may consider alternatives to traditional cash bail, like a supervised release program or electronic monitoring.

In the discovery phase , the prosecution and defense must share relevant evidence they plan to use in the trial. This may include documents, witness statements, evidence reports, and other materials that could impact the case. The defendant's attorney will review the evidence provided by the prosecution to assess the strengths and weaknesses of the case, identify potential defenses, and plan a strategy for the trial. 

If the defense believes that certain evidence is improper or objectionable, they can file motions to challenge its use in court. The attorney may argue against including proof they consider irrelevant, unreliable, or illegally obtained.

Attorneys for both the prosecution and defense can file motions with the court to request specific actions or decisions. These motions can cover a wide range of issues, such as evidence admissibility, procedural matters, or even asking for a change of venue. Motions are accompanied by legal arguments explaining the reasoning behind the request. These arguments can be presented during a preliminary hearing or in writing.

Plea Bargains and Settlement Discussions

Negotiations between the prosecution and the defense could lead to a plea deal or reduced charges, where the defendant agrees to plead guilty to a lesser charge or for a lighter sentence. While plea bargains can occur at various stages of the legal process, including before or after preliminary hearings, they are often discussed during this time. The defense may push for a more favorable outcome for the defendant, while the prosecution seeks a resolution without going through a full trial. 

If a plea bargain or settlement is reached, it will likely need to be presented to the judge for approval. The judge will ensure that the defendant's decision is informed and voluntary. However, the case may proceed to a preliminary hearing or scheduling of a trial date if a settlement is not reached.

Preliminary Hearing

During the preliminary hearing , the prosecution presents evidence and witnesses to demonstrate to a judge that there is probable cause to believe a crime has been committed and that the defendant is likely responsible. The judge evaluates this evidence, ensuring it is substantial enough to warrant a trial. The defendant's attorney may challenge the evidence or cross-examine witnesses. If the judge finds sufficient evidence, the case proceeds to trial. If not, the charges may be dismissed. 

Setting Trial Date

The judge will set a trial date if the case is not resolved through motions, plea bargains, or settlements. The defendant's attorney works with the court to determine a suitable date, considering factors such as the availability of witnesses, the complexity of the case, and any scheduling conflicts.

Once the trial date has been set, the defense attorney continues preparing the case for trial, gathering evidence, identifying witnesses, and developing a trial strategy.

What Questions Does a Judge Ask During a Preliminary Hearing?

During a preliminary hearing, a judge's inquiries will range from general questions to those that are more specific to your case. This helps to establish a clear understanding of the case and ensure a fair legal process. The following list includes some common questions the judge might ask to guide the proceedings. 

Do you understand the charges that have been brought against you?

The judge will ask the defendant if they know the charges to make sure they are aware of the specific allegations. This helps safeguard the defendant's right to a fair trial and informed decision-making. 

An attorney might respond positively if the defendant is well-informed, stating, “Yes, Your Honor, the defendant is aware of the charges and their implications.” Alternatively, if the defendant lacks understanding due to mental health issues or speaking a language other than English, the attorney might request clarification to express concerns about their comprehension. 

How do you plead to the charges: guilty, not guilty, or no contest?

The judge will ask for the defendant’s plea to establish their position on the charges. This plea forms the basis for further legal proceedings. 

An attorney will say their client is not guilty if the defendant intends to contest the charges and proceed to trial. "Guilty" indicates that the defendant accepts responsibility. "No contest" means that the defendant is not admitting guilt but not contesting the charges. The attorney's response reflects the defendant's plea while ensuring a clear understanding of legal consequences and protecting the defendant's rights.

Do you understand your rights, including the right to remain silent and the right to a fair trial?

With this question, the judge ensures that the defendant comprehends their fundamental rights, safeguarding the legal process. This helps prevent uninformed decisions and protects against self-incrimination. 

An attorney may respond, “Yes, Your Honor, the defendant fully understands their rights and their importance.” However, if there are concerns about the defendant’s comprehension due to language barriers or mental capacity, the attorney might address this issue with the judge and request additional explanation or support to ensure the defendant’s rights are respected.

Is there any evidence that you believe is important to present at this stage?

The judge asks this question to allow the defendant to present relevant evidence that could impact the preliminary hearing. This ensures a fair consideration of the case's merits. 

The defense lawyer might reply, "Yes, Your Honor, we have witnesses and documents that can demonstrate reasonable doubt regarding the charges." On the other hand, if the defense has no additional evidence to present or believes that specific evidence is more appropriate for trial, the attorney might respond, "At this stage, Your Honor, we will focus on presenting our case during the trial phase." 

Do you have any questions for the prosecution’s witnesses, if any are called?

By asking this question, the judge ensures the defendant's rights to cross-examine witnesses and challenge evidence during the preliminary hearing. 

One way the attorney could answer is, "Yes, Your Honor, we have questions for the prosecution's witnesses regarding the timeline of events and their observations." However, suppose the defense has no immediate questions or prefers to reserve cross-examination for trial. In that case, the attorney might reply, "At this stage, Your Honor, we will focus on addressing witness testimony during the trial proceedings."

How Long Does a Preliminary Hearing Last?

Sometimes, a preliminary hearing might last only a few hours. In more complex cases, it could extend over multiple days. However, It's important to note that a preliminary hearing is not a full trial. Its primary purpose is to determine if there is enough evidence to proceed to trial. As such, the length of a preliminary hearing is generally shorter compared to a full trial.

Can You Go To Jail at a Preliminary Hearing?

In most cases, defendants do not go to jail due to a preliminary hearing. A preliminary hearing aims to determine whether there is enough evidence to proceed to trial, not to determine guilt or innocence. Defendants already out on bail or released on their own recognizance will typically remain out of custody until the trial. 

However, if the judge believes that the defendant poses a flight risk or a danger to the community, they may modify or revoke bail, leading to the defendant being taken into custody. Additionally, if the preliminary hearing reveals new evidence or circumstances warranting an arrest, the defendant could be taken into custody. 

How Many Times Can a Preliminary Hearing Be Continued?

Typically, a judge may allow a preliminary hearing to be continued a few times to accommodate legitimate reasons, such as additional time to gather evidence, the unavailability of key witnesses, or unforeseen circumstances. However, the court could scrutinize repeated or excessive continuances, as they can delay the legal process and impact the defendant's rights. 

Why Would Someone Waive a Preliminary Hearing?

A defendant might waive a preliminary hearing to expedite the legal process for strategic reasons. By waiving the hearing, the case moves directly to trial without the need to present evidence or cross-examine witnesses at the preliminary stage. This can be advantageous if the defense believes that the evidence presented by the prosecution is strong and the focus is better placed on building a robust defense strategy for trial. 

For instance, consider a hypothetical case where the defendant is charged with burglary. Their attorney reviews the evidence and witnesses presented by the prosecution during the preliminary hearing and determines that challenging the evidence at this stage may not yield favorable results. Instead, the defense attorney advises their client to waive the preliminary hearing, allowing them more time to prepare for trial and strategize on presenting counterarguments, witnesses, and evidence that could potentially weaken the prosecution's case. 

What Happens After a Preliminary Hearing?

Several outcomes are possible after a preliminary hearing. If the judge finds sufficient evidence, the case proceeds to trial. The prosecution files formal charges, and both sides engage in further trial preparations, including evidence exchange and witness interviews. Alternatively, some jurisdictions allow the case to be dismissed if the judge determines insufficient evidence. In cases with weak evidence, the defense may file a motion to dismiss.

In situations where the case proceeds to trial, the preliminary hearing helps inform trial strategies, allowing both sides to gauge the strengths and weaknesses of their cases. Evidence presented during the preliminary hearing can impact trial decisions, such as witness selection and cross-examination tactics. 

How To Find a Criminal Defense Lawyer

Finding the right defense lawyer is crucial if you're facing criminal charges and preparing for a preliminary hearing. Our criminal lawyer directory allows you to browse through a curated list of experienced attorneys specializing in criminal defense. Each lawyer listed can provide the guidance and representation you need during this critical legal process, helping you navigate the complexities of your case and work towards the best possible outcome.

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What Happens at a Criminal Pre-trial?

A pre-trial hearing is a formal appointment at court that takes place after a criminal defendant has had his initial appearance . The purpose of a pre-trial hearing is to address and simplify any issues before trial so that the trial, if one is held, will proceed as smoothly as possible. In practice, pre-trial hearings are also an opportunity to exchange information and evaluate the strengths and weaknesses of the case. In any criminal case, multiple pre-trial hearings are often held.

What Is the Purpose of a Criminal Pre-trial?

Pre-trial hearings assist the judge in understanding the issues in the case. At the first pre-trial the judge will often establish basic expectations about how the case will proceed, and will set a schedule for the trial and other pre-trial matters.

Judges also use pre-trial hearings to narrow the issues that will be presented at trial, such as whether certain evidence will or will not be admitted. During pre-trial negotiations the prosecutor may agree to dismiss certain charges, especially if a criminal defense lawyer is successful in having evidence suppressed or if the prosecutor determines that the evidence will not support a conviction on a certain charge.

Pre-trial hearings give the defendant and his attorney the opportunity to address pre-trial issues like:

• Illegal searches
• Speedy trial rights
• Exchanging pre-trial discovery
• Obtaining evidence for evaluation and testing
• Engage in plea bargaining

A pre-trial is also an opportunity for the judge to hear and rule on pre-trial motions, such as:

• Bail hearings
• Motions to suppress evidence
• Motions to change venue
• Discovery motions

What Happens at a Criminal Pre-trial Hearing?

During a pre-trial, the defense attorney meets with the prosecutor and the judge. The attorneys discuss the strengths and weaknesses of their cases, explore plea bargain possibilities, and discuss evidence that needs to be exchanged before it can be presented at trial.

Hearings on Motions to Suppress Evidence

If the defense attorney files any pre-trial motions, such as motions to suppress evidence, they are heard at a pre-trial hearing. If evidence was obtained illegally, a defense lawyer may file a motion to suppress evidence. If a criminal defense attorney is successful, evidence that is suppressed is prohibited from being introduced at trial.

Motions to suppress evidence can be a key part of a defense lawyer’s strategy. By having certain evidence excluded, it becomes increasingly difficult for the prosecution to secure a conviction. If a defense lawyer can exclude key evidence, the prosecutor may have no choice but to agree to a favorable plea or dismiss the case entirely.

Evaluate the Strengths and Weaknesses of the Case

Pre-trial hearings give both sides the opportunity to evaluate the strengths and weaknesses of their respective cases. If a defense attorney can show the prosecution that they have a weak case, or weaken the prosecution’s case by having evidence excluded, the prosecution is more likely to agree to a favorable plea bargain.

Hearings on Speedy Trial Rights

Criminal defendants have the right to a speedy trial. This means that their case must go to trial within a certain amount of time after they have been arrested. For strategic reasons, a criminal defense attorney may agree to waive a defendant’s speedy trial rights. In certain cases, this can create an opportunity to negotiate for a more favorable plea bargain. In other cases, it is a better strategy to keep the pressure on the prosecutor by not waiving speedy trial rights.

Exchange Pre-trial Discovery

Pre-trial hearings are also an opportunity to engage in pre-trial discovery. The prosecutor must provide the defense lawyer with relevant discovery, including:

• The names and addresses of witnesses
• Evidence that has been seized or obtained
• Exculpatory evidence (evidence that helps the defendant)
• Witness statements or reports
• Reports and information about expert witnesses

In the same way, the defendant is required to provide discovery information to the prosecutor.

When the parties cannot agree about whether evidence must be exchanged, they will file a motion explaining their reasons. The matter will be set for a hearing at a pre-trial conference.

Plea Bargaining

Plea bargaining can involve negotiating the charges, and negotiating the sentence. In charge plea bargaining, the parties negotiate the charges to which the defendant would agree to plead guilty. In sentence plea bargaining the parties negotiate about the sentence that the prosecutor will recommend to the judge. Sentence plea bargaining can involve negotiations about whether there will be any jail time, the length of any jail time, and other issues such as conditions of probation, license suspension, mandatory treatment programs, etc.

Charged with a Crime in Wyoming? Just Criminal Law Is Here to Help

If you are facing criminal charges in Wyoming, it is critical that you have an experienced criminal defense attorney on your side. At Just Criminal Law, our team of criminal defense professionals is here to assist you from the time you were arrested, at any criminal pre-trial hearings, and at trial.

We invite you to learn more about the cases we handle , to read about why people choose us if they’re facing criminal charges in Wyoming, and to contact us today to schedule a personalized case review and strategy session .

You only have one shot at justice. Don’t leave it to chance. Work with Just Criminal Law and the Legal Team of Christina Williams.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.

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