As outlined by the American Bar Association, a pretrial hearing in criminal court allows the lawyers, defendants and any victims involved in the case to come before the judge and receive or share important information about the upcoming trial.Know More
When a plea of not guilty is entered in a criminal case, a pretrial date is set to assess readiness for a bench or jury trial, according to Washington Courts. At this time it is decided whether the accused parties are allowed to post bail and remain free until the pretrial hearing. If allowed, the judge determines how much bail money the defendants have to pay. All lawyers must be present at the pretrial hearing, as well as the defendants, or they risk forfeiting their bail money. The judge makes a ruling on such things as a specific trial date and whether or not certain evidence may be allowed for use in court.
According to The Law Dictionary, another main reason for a pretrial hearing is to ensure that the parties involved understand all of the charges being brought against them and that they are aware of their right to counsel and a jury trial. Lawyers on both sides use this hearing as an opportunity to outline their strategies, exchange their witness lists and make any negotiations or offers of plea bargains.Learn more about Crime
Waiving the right to a preliminary hearing gives the court permission to send the defendant's case directly to trial, according to Rule 541 of the Pennsylvania Code. To initiate a waiver, the defendant agrees in writing with all of the court's conditions attached to the waiver.Full Answer >
A dispositional hearing in adult criminal court is a hearing at which a plea is entered on the record before the judge. A dispositional hearing in a civil case is usually set when the parties have a proposed agreement and want to settle the case without going to trial. In both cases, the judge must rule on the proposed case disposition, as explained by the the United States District Court for the District of Colorado.Full Answer >
A preliminary examination is a court hearing in which the prosecutor must prove to the judge that there is enough evidence and probable cause for a case to go to trial, according to Cornell University Law School. The hearing does not determine the guilt of the defendant.Full Answer >
A motion hearing is the proceeding that a judge schedules for parties in a case, which could be a felony, misdemeanor, or other type of case, to orally argue their positions. The judge calls this proceeding in the event no ruling has been issued beforehand in response to a motion, and it affords the judge the opportunity to directly ask the parties any necessary questions. A motion is the formal request asking the judge to decide or act on a matter.Full Answer >