A felony pretrial hearing is a critical step in the criminal court process. It occurs after the preliminary hearing and before the trial begins. At this stage, key legal and administrative issues are addressed to prepare for the next steps in a felony case.
Both the prosecution and the defense use this opportunity to resolve matters, discuss evidence, and potentially negotiate plea deals. Here’s what you need to know about what happens during a felony pretrial hearing. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
Key Events at a Felony Pretrial Hearing
A pretrial hearing, sometimes called a pretrial conference, involves the judge, prosecutor, defense attorney, and the defendant. Several important events typically take place during this phase.
1. Administrative Issues Are Addressed
The judge often handles procedural matters to keep the case on track. This may include:
- Setting the official trial date.
- Scheduling additional court appearances leading up to the trial.
- Resolving any outstanding administrative issues that could delay proceedings.
These administrative decisions help streamline the trial process and ensure all parties are prepared.
2. Pretrial Motions Are Filed and Argued
Attorneys use pretrial hearings to file motions that can significantly impact the case. Common pretrial motions include:
- Motion to Suppress Evidence: Defense attorneys may argue to exclude evidence obtained illegally, such as through an unlawful search or seizure.
- Motion to Change Venue: If a fair trial is unlikely in the current location, the defense may request a venue change.
- Motion for Speedy Trial: Defendants have a constitutional right to a timely trial, and this motion ensures that right is protected.
The judge will review arguments from both sides and make rulings on these motions, which can shape how the trial proceeds.
3. Plea Bargains Are Discussed
During pretrial hearings, the prosecution and defense often discuss the possibility of a plea agreement. A plea deal may involve the defendant pleading guilty to a lesser charge or agreeing to reduced penalties in exchange for avoiding trial.
- Why Plea Deals Occur: Both sides evaluate the evidence and weigh the risks of going to trial. If either party believes the outcome is uncertain, a plea bargain can be a mutually beneficial solution.
- Defendant’s Options: Defendants can accept or reject a plea deal after consulting with their attorney about the pros and cons.
Plea bargains can save time and resources, but it’s important to ensure the terms are fair before agreeing to them.
4. Evidence and Discovery Are Shared
The pretrial hearing is an opportunity for the prosecution and defense to exchange evidence through a process known as “discovery.” This includes:
- Witness statements and testimonies.
- Physical evidence, documents, or photographs.
- Expert reports or forensic findings.
Discovery helps both sides prepare their cases and identify any gaps or challenges in the evidence.
5. Trial Rules Are Established
To ensure a fair and efficient trial, the judge may set certain rules during the pretrial hearing. These rules might cover:
- Procedures for opening statements and closing arguments.
- Guidelines for witness testimony and cross-examinations.
- How evidence will be presented and admitted during the trial.
By clarifying these rules, the judge ensures both parties understand how the trial will proceed.
Is the Defendant Required to Appear?
In felony cases, defendants are typically required to appear at all court proceedings, including pretrial hearings. Failure to appear can result in additional legal consequences, such as a bench warrant for the defendant’s arrest.
In contrast, misdemeanor cases may allow an attorney to appear on the defendant’s behalf.
How Is a Pretrial Hearing Different from a Preliminary Hearing?
It’s important not to confuse a pretrial hearing with a preliminary hearing.
Purpose of a Preliminary Hearing
A preliminary hearing occurs earlier in the process. During this stage:
- The prosecutor presents evidence to show that a crime occurred.
- The judge determines if there is “probable cause” to believe the defendant committed the felony.
If the judge finds sufficient evidence, the case moves forward to trial or pretrial hearings.
Purpose of a Pretrial Hearing
The pretrial hearing focuses on resolving administrative matters, motions, plea deals, and evidence exchange to prepare for trial.
Why Legal Representation Is Essential
A felony charge carries serious consequences, and every stage of the process is critical. During pretrial hearings, a skilled criminal defense attorney can:
- File motions to suppress evidence or dismiss charges.
- Negotiate favorable plea bargains to avoid trial.
- Ensure your rights are protected at every step.
Legal representation ensures that you’re prepared for trial and have the best possible defense strategy moving forward.
If you’re facing a felony charge, don’t face the process alone. Contact Law Office of Michael L. Fell at (949) 585-9055 to get the experienced legal support you need to protect your future.