Pretrial is the period after arraignment but before a trial.
During a pre-trial hearing any motions (evidence suppression, subpoenas, and even dismissal) that your attorney or the prosecution may have will be heard or scheduled for a motion hearing. In pre-trial the prosecution also has the authority to work out a plea agreement between the person and the prosecuting jurisdiction (local, county, state, etc). The defendant also has the right to change their plea (as is the norm with plea deals).
Also, pretrials are a time for the judge to get information as to case law, evidence, witnesses. During this phase of justice, witnesses come forth and testify before the Judge.
If the pre-trial yields no successful agreements between the defense and prosecution, a criminal trial or bench trial will take place.
The question is unclear - - STIPULATIONS (???)
"Discovery" is conducted in the pre-trial phase of the court case.
Not necessarily, but if it is a criminal charge and you were un-represented at arraignment, by the time you reach the pre-trial hearing stage in the process, the court will in all probability have appointed you a public defender.
In a legal case, the trial typically occurs after pre-trial procedures such as filing of the complaint, pre-trial motions, discovery, and settlement negotiations. The trial is where evidence is presented, arguments are made, and a verdict is reached.
A criminal trial includes: Jury selection, opening statements, the state's case, the defense case, rebuttals, closing arguments, jury deliberation and verdict. For further information, please see the related links below.
A felony case is called when someone is charged with what the law considers a serious crime. There are three phases of a felony case: Arraignment (the preliminary hearing), the Second Arraignment (felony pre-trial), and Felony Trial (where a jury will hear the case).
Motions in criminal litigation can be filed at various stages of the process, including before trial, during trial, and after trial. Common pre-trial motions include motions to suppress evidence, motions to dismiss the charges, and motions for discovery. During the trial, motions for a mistrial or motions to exclude certain evidence may be filed. After the trial, motions for a new trial or motions for sentencing modifications can be filed.
In a criminal case, a sounding set refers to a scheduled court appearance where the parties involved, including the prosecution and defense, present updates on the case's status and discuss any pre-trial matters. This can include issues related to plea negotiations, discovery, or scheduling future hearings. The purpose of a sounding set is to ensure that the case is progressing appropriately and to address any procedural concerns before trial.
arrest - preliminary hearing - indictment - pre-trial hearing(s) - trial - sentencing.
pre- trial release
When a prosecutor rejects a charge without a pre-trial diversion, it means they have decided not to pursue the case further, typically due to insufficient evidence or other considerations. Pre-trial diversion programs often allow defendants to avoid prosecution by completing certain requirements, but in this scenario, the prosecutor has opted not to offer that option. As a result, the defendant will not face charges, and the case will not proceed to trial. This decision can help alleviate the court's caseload and allows the accused to avoid the stigma of a criminal charge.
In a criminal trial, "TSC" typically stands for "Trial Scheduling Conference." This is a meeting between the judge and the parties involved to discuss the timeline and logistics of the trial, including setting dates for pre-trial motions, jury selection, and the trial itself. The purpose of the TSC is to ensure that the trial proceeds efficiently and is organized properly.