A criminal trial can be a long and complicated process. Charging a defendant with a crime is a serious matter. There are many rules and laws in place to help provide the defendant with a fair trial. The court and the prosecutor must follow these rules and laws while carrying out their duties during the criminal process.

One method of helping this process is having a pretrial conference. A pretrial conference is a meeting between the parties before trial that's held in front of the court. Many of the issues in the case may be handled during this conference. Pretrial conferences are used to promote a fair and speedy trial.

Obtaining a Pretrial Conference

Both the defendant and the prosecutor may file a motion for a pretrial conference. A motion is a request to the court for a particular decision. The court also has the ability to order a pretrial conference on its own. There can be multiple pretrial conferences ordered by the court.

The defendant isn't entitled to have a pretrial conference. It's within the court's discretion whether to have a conference before trial. The court will normally have a pretrial conference if it'll promote a fair and speedy trial.

Many courts will allow a pretrial conference even if the defendant isn't present. However, a lawyer for the defendant must be present at the conference to represent him. The court may require an express waiver of presence from the defendant.

Issues Considered at Pretrial Conferences

Since a criminal trial can be very complicated, there are multiple issues that can be decided before the trial begins. The more issues that can be worked out in pretrial conferences, the simpler and speedier the trial will be. Some examples of issues that can be resolved at pretrial conferences include:

  • Stipulations, or agreements, as to facts about which there can be no doubt
  • Establishing a timetable for disclosing evidence requests
  • Identifying documents and other exhibits
  • Removing from admissible statements material that could be prejudicial to a co-defendant 
  • Seating arrangements for all defendants and lawyers
  • Conducting the questioning of potential jurors
  • Number and use of challenges without cause to the potential jurors
  • Procedures for making objections if there are multiple lawyers
  • Order of arguments and presentation of evidence if there are multiple defendants
  • Order of cross-examination if there are multiple defendants

The prosecutor is obligated to disclose certain types of evidence to the defendant before trial. The process of obtaining relevant information that's held by the other party is called discovery. Courts usually allow the discovery process to be very broad. The disclosure of evidence helps the defendant make informed decisions and minimizes surprise at trial.

The defendant has the right to the disclosure of any exculpatory evidence. This is evidence that favors the defendant and tends to clear him of guilt. Courts don't want the prosecutor covering up any evidence that'll help prove the defendant didn't commit the crime.

Pretrial Agreements

At a pretrial conference, the parties may enter into a pretrial agreement. This is an agreement that binds the parties and can be relied upon in preparing trial strategies. The prosecutor can't use any statements made by the defendant unless it's in writing and signed by the defendant and his lawyer.

Both the defendant and the prosecutor may request to be released from a pretrial agreement. The court has substantial discretion in deciding whether to grant the release. It must balance the reason for the release against the potential for prejudice.

Questions for Your Attorney

  • Is it better to have multiple pretrial conferences or one long conference that handles multiple issues?
  • Are there any issues that are better handled at trial than at a pretrial conference?
  • Do I have the right to refuse to agree with the prosecutor on all the issues at the pretrial conference or do we have to enter into a pretrial agreement?