Facing criminal charges can leave you unsure about what happens before trial. A pre-trial conference gives the court and attorneys an opportunity to address issues that may affect the case. The specific procedures vary by court and jurisdiction.
Who attends the pre-trial conference
The judge, prosecutor and defense attorney typically participate in the conference. Whether the defendant must attend depends on the court’s rules and the type of conference. Some courts require the defendant to appear, while others may allow the attorneys to attend without the defendant.
Your defense attorney can explain the attendance requirements and what to expect before the conference.
What happens during the conference
The attorneys may discuss the status of the case and address issues that need attention before trial. They may also discuss discovery, witnesses, exhibits and other trial matters. The judge may set deadlines for motions, filings or other pre-trial tasks.
The court may also consider matters that could simplify the trial. For example:
- Attorneys may identify issues they agree on, discuss pending motions or address scheduling.
- The parties may discuss whether the case can be resolved without a trial.
- The judge may schedule additional hearings or set deadlines for remaining issues.
The conference does not always involve a decision about guilt or innocence. Instead, it helps the court and the parties prepare the case for the next stage.
What happens after the conference
The outcome depends on the issues in the case. The parties may continue discussing a possible plea agreement, but negotiations can also happen at other stages of a criminal case.
If the case does not resolve, the court may set or confirm a trial date. The judge may also establish deadlines for remaining pre-trial matters or schedule another conference.
Understanding your role
Your attorney can explain what will happen at the conference and whether you need to attend. Ask about any proposed plea agreement, upcoming deadlines and issues that could affect your case. Understanding the process can help you make informed decisions as your case moves toward resolution or trial.