Facing criminal charges can be an overwhelming experience, but understanding the legal process can help alleviate some of the uncertainty. One crucial stage in this process is the pre-trial conference, where important decisions are made that can significantly impact the outcome of your case.
What is a Pre-Trial Conference?
A pre-trial conference is a meeting that takes place before the trial begins. It typically involves the defendant, their lawyer, the prosecutor, and sometimes the judge. The primary purpose of the pre-trial conference is to help with communication between the parties involved, discuss the status of the case, and explore the possibility of reaching a resolution without going to trial.
What to Expect:
1. Case Review: During the pre-trial conference, the prosecution and defense will review the evidence and legal arguments relevant to the case. This includes witness statements, police reports, and any other pertinent documents. This process, called "Discovery," can take a long time to complete in some cases. If there is any discovery missing, or if your lawyer feels that they need additional investigation or documentation, then the pre-trial conference can be continued to another date.
2. Plea Bargaining: One of the main objectives of the pre-trial conference is to negotiate a plea bargain, if possible. A plea bargain involves the defendant agreeing to plead guilty or no contest to a lesser charge or in exchange for a more lenient sentence. Your defense attorney will advocate on your behalf to secure the best possible outcome. In Rhode Island, almost every single felony case will receive an offer - even if the defendant does not request or want one! Your lawyer can work to get you the lowest possible offer, but you have the absolute right to say "no" and to assert all of your rights at a trial.
3. Motion Hearings: If there are any pending motions, such as a motion to suppress evidence or dismiss charges, the pre-trial conference may serve as an opportunity to address these issues. The judge may hear arguments from both sides and make rulings accordingly. In Rhode Island, it is more common for these motions to wait until the time of trial, but a pre-trial conference can help to identify the motions that need to be filed.
4. Trial Preparation: In the event that a plea agreement cannot be reached, the pre-trial conference is also a time for you and your attorney to discuss trial logistics and prepare for the upcoming proceedings. This may include identifying potential witnesses, finalizing jury instructions, and outlining trial strategy. Rhode Island has the "trial calendar," which is one step closer to a trial, but pre-trial conferences can be useful times to discuss important issues that will be involved in a trial.
5. Setting Trial Dates: If the case is not resolved during the pre-trial conference, the judge will move the case to the next stage, which is a rejection of any offer to resolve and moving the case to the trial calendar. The trial calendar is used for scheduling all of the cases awaiting trial, and takes into consideration everyone's schedule and availability (judge, lawyers, experts, and witnesses). This ensures that both sides have adequate time to prepare and that the case moves forward in a timely manner.
What You Can Do:
As a defendant, it's important to be prepared and actively involved in the pre-trial conference process. Here are some tips to help you during this stage:
- Communicate with your defense attorney and provide them with any relevant information.
- Be respectful and attentive during the pre-trial conference, as it is a formal proceeding that can impact the outcome of your case.
- Consider the advice and recommendations of your legal counsel, who will advocate for your best interests throughout the process.
- Understand that the pre-trial conference is an opportunity to explore all available options for resolving your case, including plea bargains and trial.
- Make sure to ask all of your questions about your Constitutional rights, because you will have important decisions to make about which rights to waive and which rights to assert.
Conclusion:
The pre-trial conference is a critical step in the criminal justice system that allows for meaningful discussions and negotiations between the prosecution and defense. By understanding what to expect and how to navigate this process, defendants can better position themselves to achieve a favorable outcome in their case. If you're facing criminal charges, don't hesitate to seek guidance from an experienced criminal defense attorney who can provide you with the support and advocacy you need.
If you have a felony matter pending in Rhode Island State or Federal court, the law firm of Manosh Payette, LLC may be able to assist you with your defense. Call us today for a free case consultation, 401.854.7794.
