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Pre-Trials Pre-trial Conference In
traffic and non-traffic misdemeanor cases, this is the defendant's second
court appearance. It is a scheduled meeting between an Assistant
Prosecuting Attorney and the defendant (or his attorney) to determine
whether the case will go to trial or be resolved with a plea.
These meetings focus on resolving the case short of trial. The
Judge and witnesses are not involved in misdemeanor pre-trial conferences.
If a plea bargain is going to be offered by the Prosecutor, it is done
here. Pre-trial Proceedings Many other events can occur prior to trial. Depending on the nature of the case, there may be pre-trial hearings on Constitutional issues (confessions, searches, identification, etc.). The issues are presented to the Court through written "motions" (e.g., Motion to Suppress Evidence, etc.). The judge must determine whether evidence will be admitted or suppressed at the defendant's trial, whether there is some legal reason why the defendant should not be tried, or decide other ground rules for trial. |