A Pre-Trial is a preliminary hearing where the defendant has an opportunity to enter a plea of guilty, no contest or not guilty, without the police officer being present. Q How does a citation get set in court for a Pre-Trial? A When a citation is issued, you have the right to request a court hearing.
What happens at a pre-trial conference?
The goal of the pre-trial conference is to bring the prosecutor and the defense attorney together to explore possibilities of resolving the case without going to trial. There is a slight difference in process depending on whether a defendant has been charged with a felony or a misdemeanor.
What happens if I do not attend a pretrial conference?
If you do not attend the pretrial conference it will be a violation of a court order and a warrant will be issued for your arrest. You may be subject to other penalties. Be in court at least 15 minutes before the scheduled hearing. You must check in at the front counter.
What is a no contest plea?
A no contest plea is similar to a guilty plea in that the defendant is accepting punishment for his or her actions. However, “no contest” does not mean the defendant admits guilt.
What are a defendant’s options at the pretrial conference?
A defendant has three options at the pretrial conference: • Accept the offer from the prosecutor, including any sentencing agreements, and then plead “guilty” or “no contest .”
What is a no contest plea?
A no-contest plea is similar to a guilty plea in that the defendant is accepting punishment for his or her actions. However, “no contest” does not mean the defendant admits guilt. Instead, the defendant is not contending the charge either way.
What happens if you plead no contest?
If you plead no contest, the courts will convict you of the crime and give you a sentence, as would be the case if you pled not guilty. You give up your right to contest the charges or prove your innocence during a criminal trial, and the case moves directly to sentencing. Not all defendants have the option of pleading no contest, …
What happens after a defendant pleads guilty?
After pleading guilty, a defendant can negotiate a plea deal with the judge. Plea deals aim to minimize the sentence for the defendant, usually based on no prior criminal history, good behavior, or other factors of the case. A Glendale criminal defense lawyer can help negotiate a satisfactory plea deal after pleading guilty.
What does it mean to plead guilty?
Pleading guilty during your first hearing generally means the courts will find you guilty of the crime in question and issue a sentence. An important thing to note, however, is that a judge cannot automatically accept a guilty plea. There must be enough facts and evidence supporting the allegation that the defendant actually committed the crime before a judge can rule the defendant guilty, even if he or she is admitting guilt in the plea. This is to prevent innocent defendants from pleading guilty to crimes they didn’t commit.
How to go to trial if you are not guilty?
First, you’ll go to a pre-trial conference, where all parties involved can discuss which legal issues are in dispute and how to proceed. If parties cannot resolve the matter during the pre-trial conference, the case will go to trial. Hire an experienced criminal defense attorney if you plan on pleading not guilty.
Can you plead not guilty to a crime?
You may plead not guilty and argue your case even if you committed the crime. In the American justice system, you are innocent until someone proves you guilty. The lawyer you choose to represent your case can make all the difference in its outcome, no matter what you plead. Contact us to speak with a lawyer today!
3 attorney answers
At your first Pretrial? Probably not. Hold out until later to see if your attorney can work out a better deal. Just because you think you are clearly guilty does not mean that you won’t be offered a plea deal or a good deal on your sentence later.
Even without a plea deal, you can plea guilty to the charges, as charged– although there are statutory penalties for this crime. You would have the opportunity to put on mitigating information so as to minimize the penalty you receive. You should be able to discuss this matter with your public defender.
Mary Catherine Corrigan
You mentioned that you qualify for a public defender. Be sure to obtain one and discuss this with them. They will help you with the pretrial conference and, if you decide, they will help you to enter a guilty plea. Advice from a message board is no comparison to that from your own attorney.
What happens if you plead not guilty?
However, there are also a couple of pleas that fall in between those two. One of those is pleading no contest. You should note that the courts treat any plea other than not guilty as a guilty plea. You will face punishment and receive a sentence from the court even if you use a no contest plea.
What to do if you are facing criminal charges?
If you are facing criminal charges, seek legal representation so that you can make the proper plea or take your case to trial. Your attorney can help you to figure out what is in your best interests. Submit a request online or call us today at (888) 455-9992 to get in touch with an experienced lawyer in your area!
What is a pretrial conference?
The pretrial conference is an opportunity for both sides to discuss the available evidence. If your case is not resolved at the pre-trial, it will be set for a trial at which all witnesses, including the arresting officer, must be present. You may be represented by an attorney, at your expense.
What happens if you plead guilty to a charge?
If you plead “GUILTY”: You are admitting that you committed the offense. You will be found guilty and a fine will be imposed. You will be given an opportunity to explain your side of the story to the Judge who will consider …
Can you be sued for a no contest?
A NO CONTEST plea cannot be used against you in another court. For example, if you were cited for a violation that occurred due to an accident, you may be sued in a civil action. Due to the fact that you plead NO CONTEST, in this court, it may not be used against you in any court of law.
Do you have to appear at court if you plead not guilty?
Please note: If you make a “not guilty” plea prior to your initial appearance date, the court will enter your plea for you. You do not need to appear at that initial appearance court date listed on your citation. You will be mailed a pretrial notice.