Pre Trial – 35th District Court – Plymouth Lawyer
Your second court appearance on misdemeanor charges is a pre trial. This comes after the first court hearing called, the arraignment. To learn more about the arraignment click on the blog post before this article which explains the arraignment process.
What is a Pre Trial?
The second court appearance on a misdemeanor charge is a pre trial offense. At the pre trial your lawyer will discuss the case with the prosecuting attorney. You can think of the prosecutor as the person against you. The prosecutor is an attorney and they represent the city or the state government and work closely with the police.
The discussion with the prosecutor will involve the elements of the case and if the prosecutor has the evidence to meet them. They would also discuss any potential legal challenges. Mitigating factors would also be considered.
The goal in any criminal case is to get a dismissal; if a dismissal cannot be achieved then they would either set the matter for a trial, or see what kind of reduction could be negotiated. You never have to take an offer of a plea deal from the prosecutor; you always have the right to have a trial.
After the first pre trial it is possible to have a second pre trial. A second pre trial often happens when there is additional evidence to be obtained, or the parties are working on a resolution but not quite there.
If there are legal challenges then the matter could also be scheduled for a motion hearing or evidentry hearing.
If a dismissal can’t be obtained and you believe that you are not guilty then the matter would be set for trial. Most cases are resolved without a trial.
Click here to learn more about Plymouth criminal lawyer, Aaron J. Boria.