What Is A Pre-Trial Conference? | Victims For Justice

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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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