Pre-Trial Conference

What is a Pre-Trial Conference?

A Pre-Trial Conference is the first point in a criminal misdemeanor case in which the prosecution and defense come together to seek a resolution in the case. In other words, this is generally the first time you will receive a plea offer or enter into a plea agreement.

Where does the Pre-Trial Conference take place?

At District Court. However the Pre-Trial Conference will not occur in the courtroom on the record (meaning whatever you say is not recorded). Instead, it will be conducted in one of the courthouse’s rooms, such as a jury room, conference room, or the judicial library. In certain circumstances, a Pre-Trial Conference can take place telephonically, between the defense attorney and prosecutor, before the scheduled Pre-Trial Conference date. This is not typical, however, and must be approved ahead of time by the court.

Who is present for the Pre-Trial Conference?

The prosecutor, your attorney, and, if required by the attorneys, the judge. If you have an attorney, you yourself are not allowed to be present during the Pre-Trial Conference or the discussions. If you do not have an attorney, you must be present and negotiate with the prosecutor yourself. Prosecutors are ethically prohibited from communicating with defendants who are represented by attorneys!

Must I appear for the Pre-Trial Conference?

Yes. You must “appear” at the District Court (meaning you must physically be at the courthouse), but, as mentioned above, you are not allowed to be “present” during the negotiations between your attorney and the prosecutor. Your attorney can usually accomplish more for you, and obtain compromises and agreements, when you are not there. Afterwards, your attorney will advise you of the detailed negotiations and agreements and stipulations that occurred during the Pre-Trial Conference.

Can I accept a plea agreement and plead guilty (or no contest) at the Pre-Trial Conference?

Yes. You can accept the plea agreement at the Pre-Trial Conference and also plead guilty (or no contest). You can also, if allowed by the prosecutor and court, accept the plea agreement and plead guilty (or no contest) at a later date, such as on a scheduled Plea Hearing date. For further discussion on Pleas, see the appropriate link on this website.