When you are facing criminal charges there are many procedures and processes you have to endure before, during, and after your trial. An important step in the legal process is a pretrial hearing. Understanding what to expect at a pretrial hearing will help you be prepared and ensure your rights are protected. Reach out to a Bergen County criminal defense attorney to learn more about the legal process and your rights and obligations.
A pretrial hearing is a meeting that takes place between the prosecution, defense, and judge to decide on certain issues related to the case. These types of hearings allow the court to address various topics before the trial officially begins.
The hearing can be used to discuss the suppression of evidence, plea bargains, admissibility of evidence or witness testimony, etc. Discussing these topics at a pretrial hearing can help expedite the legal process and ensure that minimal issues arise during the trial.
If you are attending a pretrial hearing it is important that you understand the process and what you can expect. The hearing will take place in a courtroom with the judge, prosecution, and defense present.
Each side will have the opportunity to explain their position and present supporting evidence, whether it be physical or through witness testimony. They can also contest an issue that the other side has brought up. For example, if there is a motion to suppress certain evidence in the actual trial, the opposing side can present arguments proving why the information is relevant and should be admissible.
While the pretrial hearing operates similarly to a real trial, it is simply a discussion and negotiation between the two parties. After hearing and considering both sides’ arguments and evidence, the judge will issue rulings on the various issues raised. They may grant or deny motions, facilitate a plea deal, determine if there is enough evidence to continue the case, establish rules and deadlines, and more.
It is important to note that just because a pretrial hearing is scheduled, it does not mean that the case will go to trial. Many times the hearing exposes a lack of evidence or cause, meaning that the case may be thrown out. There is also a chance that the prosecution and defense will come to a plea agreement where the defendant will plead guilty in exchange for a lesser charge or reduced sentence. Both parties may be hoping to avoid a trial as there is no certainty once the outcome is left up to a jury and trials often take considerable amounts of time and money.
You should discuss any questions or concerns with your legal representative before attending the pretrial hearing. Reach out to an experienced criminal defense attorney at the Law Office of Attorney Conway today.
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