What Happens at a Pre-Trial Hearing?
A “pretrial” hearing is a person’s last court appearance on a criminal charge prior to trial. At this hearing, the parties generally have gathered all the information they need to fully negotiate the case, including crime victim input.
In negotiating the case, the prosecuting attorney will consider the following factors:
- Severity of the crime and its impact upon the victim and/or community;
- Criminal history of the defendant;
- Defendant’s age and physical and/or mental health;
- Whether the defendant expresses genuine remorse;
- Defendant’s willingness to make restitution;
- Victim’s preferences in how the case should be handled; and
- The likelihood of conviction at trial.
If the parties are unable to resolve the case, a trial date will be set. Ongoing negotiation with the prosecutor will continue pending trial.
