What Happens at a Misdemeanor Pretrial Hearing?

What Is a Misdemeanor Pretrial Hearing?

According to Simmrin LG, a misdemeanor pretrial hearing is a preliminary court proceeding where a judge evaluates whether there is enough evidence to proceed with a trial [1]. During this hearing, the prosecution must demonstrate sufficient evidence to support the charges, while the defense may negotiate a plea bargain, exchange evidence (discovery), and file motions to dismiss or exclude certain evidence.

The judge is not there to determine whether you’re guilty or not. Their job is to make sure the prosecution has strong enough evidence to move forward with the trial. They also will listen to plea bargains and judge if they are an acceptable settlement for the state

Do You Need to Appear at a Misdemeanor Pretrial Hearing?

Often, a criminal defense attorney can represent you at a misdemeanor pretrial hearing without your presence. These hearings are open to the public, allowing anyone to attend.

If you do attend, pay close attention to your attorney, the prosecutor, and the judge. Your attorney will advocate for you, the prosecutor will argue their case, and the judge will maintain order and ensure the hearing progresses smoothly. You are generally not required to speak, but if the judge asks you a question, respond truthfully.

The Process of Facing Misdemeanor Charges

According to ACL, when someone is accused of a misdemeanor, the process begins with either a citation or an arrest for a crime like DUI or drug possession. If arrested, the individual can post bail through a bail bondsman or pay the full cash bail amount themselves [2].

If the person is cited, rather than arrested, the officer or the jail will hand them a citation or a ticket and schedule a day to appear in court. Similarly, if a bail bondsman bailed the person out, they give the person a date to appear in court

The First Hearing

The first court appearance is usually the arraignment or complaint filing, where the district attorney decides whether to file charges and specifies what they are. Sometimes, the DA might still be investigating and will request a postponement of 30 to 60 days, common in domestic violence cases. Alternatively, charges might not be filed at all. Typically, for misdemeanors, the DA’s office is prepared to file a case related to the arrest or citation.

At this initial appearance, the judge will inquire whether the accused will represent themselves, hire a private attorney, or require a public defender.

After the First Hearing

Once legal representation is determined, the arraignment proceeds, informing the accused of the charges and their constitutional rights. The defendant may enter a plea or request a delay in doing so. The defense attorney usually receives the police report and may request a few weeks for a settlement conference to review the evidence and conduct further investigation.

The Settlement Conference

The settlement conference follows the arraignment, where the district attorney and defense attorney negotiate a possible resolution. The defendant can accept, counter, or reject any offers made. Multiple settlement conferences may occur before a resolution is reached. If no agreement is possible, the case will proceed to trial.

The judge will set a trial date and a readiness conference shortly before the trial to explore any last-minute resolutions or determine if the trial needs rescheduling. A jury trial is typically preferred.

Related Article: How Long Does A Misdemeanor Stay On Your Record?

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References:
1. https://www.simmrinlawgroup.com/faqs/what-happens-at-a-misdemeanor-pretrial-hearing/
2. https://www.amychapmanlaw.com/practice-areas/criminal-defense/the-criminal-process-for-a-misdemeanor/