If you are facing criminal charges in New Jersey, you may assume that the trial will impact your future most. However, while this is a critical part of the legal process, the actual outcome is often decided long before you set foot in front of a jury. The pretrial hearing occurs before the trial, laying the foundation for everything that will come later. When used strategically, pretrial hearings can lead to the early resolution of charges, saving you the time, money, and stress of a criminal trial. Please continue reading to learn what a pretrial hearing entails and how an experienced Bergen County Criminal Defense Attorney can help shield you from an uncertain future.
What is a Pretrial Hearing?
A pretrial hearing, also known as a pretrial conference or pretrial review, is a meeting between the parties involved, the prosecution, defense, and judge, to discuss how a case will proceed and to resolve any preliminary issues. This hearing is not heard before a jury as it’s intended to narrow the issues in a case to ensure the trial runs as smoothly as possible. It’s important to understand that even if a pretrial hearing has been scheduled, this doesn’t necessarily mean that a case will proceed to trial. Pretrial hearings are typically scheduled during arraignment. During the hearing, the parties may:
- Challenge the admissibility of certain evidence
- File a motion for discovery
- Negotiate a plea deal
- The judge can decide whether or not there is fair cause for a trial
- Agree on undisputed facts to narrow issues for trial
- Discuss witness availability issues
- Request timeframes for filing documents
In many cases, they can lead to the early resolution of charges. A pretrial hearing can reveal a case’s strengths and weaknesses, leading to the prosecution withdrawing the charges, the defendant deciding to plead guilty to the charges, or the parties agreeing to a plea deal. As a defendant, a pretrial hearing can be used strategically to assert and protect your constitutional rights. However, if one party fails to appear as required, the court can impose sanctions. The court can also issue a warrant for your arrest.
Should I Consult an Attorney?
As you can see, pretrial hearings are critical to the outcome of a case. If you are facing criminal charges, it’s important to have a seasoned criminal defense attorney represent your interests. Pretrial hearings are a vital part of a defense strategy and an attorney can strategically use them to your advantage. These hearings often involve complex legal issues. At The Law Office of Carl Spector, we are prepared to fight for the best possible outcome on your behalf. Connect with our firm today as we have extensive experience representing clients through all stages of the legal process.