A pretrial conference, though some jurisdictions may have other names for them like a disposition hearing, is the most frequent court hearing in the life of a criminal case. In this article, I will explain what they are and what to expect at one.
Why Your Attendance at a Pretrial Conference Matters
The first questions defendant’s often ask about pretrial conferences is do you have to be there? Yes. If you are not present, in the judge’s courtroom on the day and time of the hearing, they can revoke your release status, issue a capias (a type of warrant) for your arrest, and you could be charged with a new criminal violation for Failure to Appear, which can result in its own jail or prison sentence.
If you are represented, your attorney may be able to waive your presence at some or even all of your pretrial conferences. If you are ever unsure if your attendance is required, check with your attorney or go.
What to Expect When You Stand Before the Judge
The judge will call your attorney’s name. Your attorney will go to the lectern in the middle of the courtroom and call your name. When you hear your attorney call your name, you will join them at the lectern. While you are at the lectern, you may hear people behind you (prosecutor, probation office, the alleged victim) talking about the case, while everyone’s natural reaction is to look at the person speaking, you have to continue to face the judge or your lawyer.
The judge will then ask your lawyer for a brief update on the progress of the case and ask them what your lawyer would like the court to do with the case next. There are a number of things your lawyer may ask the judge to do with the case. While there are a number of things your attorney may ask, by far the most common is asking the judge to reset the pre-trial conference to give both sides more time to work on the case and to negotiate.
The judge will also typically ask the prosecutor to give a brief factual basis of the facts they allege. This is the prosecutor’s version of what happened that lead you to face a criminal charge. It can be difficult to listen to, but it is very important that you not respond to what is said. A trial is the place to dispute what happened. If you respond to the prosecutor, it can give them insight into your lawyer’s defense strategy and your statements at your pretrial conference could later be used against you by the prosecutor in trial.
How Plea Deals and Case Updates Are Handled at Pretrial Conferences
Additionally in Florida, alleged victims have a right to attend and be heard at your pre-trial conferences. Again, you cannot respond to what they say. There will be a time and place to argue your side of what happened, but a pretrial conference is not it.
The judge will also usually ask your lawyer and the prosecutor about any plea negotiations. They will usually ask the prosecutor what sentence they are seeking, if you and your lawyer have made any offers to them, and any factors that may impact the negotiations such as sentencing enhancements, victim input, witness availability, etc.
If a plea agreement has been negotiated with the prosecutor that you are prepared to accept. The pretrial conference is typically where the judge would accept your negotiated plea and sentence you.
If there is not a negotiated plea for the judge to accept, the judge will typically ask if you have any question for them and then coordinate a new court date with your attorney and the prosecutor.
This proceeding document is for informational use only and is in no way offered as legal advice. Use of this page does not create an attorney/client relationship with Showalter Law or its staff. If you have a pending legal matter, please consult with an attorney.