What happens at the pre-trial conference in a criminal case?

You usually do not have to go to the pre-trial conference. It is common for a pre-trial conference to only be about things like whether both sides of the case have exchanged certain information and evidence. Sometimes the only thing that happens at a pre-trial conference is picking the next court date. The District Attorney’s (DA’s) office will be representing the state in the criminal case. The DA’s office can tell you if going to the pre-trial conference might be a waste of your time.

Sometimes the DA’s office might want you to come to the pre-trial conference. They may be thinking of making a deal with the person who abused you and letting them plead guilty to a lesser crime than they were charged with. The prosecutor may want to talk to you about the facts of the case and what you want to see happen. If you go, you will not have to testify. But the court might ask for your opinion.

The DA’s office or your Victim/Witness Advocate should call you before the pre-trial conference and tell you whether you should go. If they don’t call you, you can call them. It is a good idea to be available by telephone on the day of the pre-trial conference in case the DA’s Office needs to reach you. If you want to be sure that you know what is going on and that the DA’s Office will consider what you have to say, you might want to go to the pre-trial conference.

If the abusive person pleads guilty at the pre-trial conference, the case can settle that day.

If you are at the pre-trial conference, the person from the DA’s Office who is prosecuting the case will probably ask you what you want to see happen. They may or may not follow your wishes when they make a deal with the abusive person.

The DA’s office and the abusive person’s lawyer will tell the judge about the deal they have made. The judge has to accept the deal. Then the judge will sentence the abusive person. The DA’s office can tell the judge what they think the sentence should be, but it is up to the judge to decide. You can ask the DA’s office what types of sentences are possible in the case.

If the abusive person does not plead guilty at the pre-trial conference, the case will be scheduled for trial. If it is a complicated case, there may be more hearings before a trial. The DA's office should send you a letter telling you about any hearings and whether you need to go to them. You can always contact them for information too.

The abusive person could change their plea to guilty at any of these hearings. They could even change their plea to guilty on the day of trial. Stay in contact with the DA’s office during the case if you want to make sure that they consider your opinion if the abusive person pleads guilty.