One of the first court appearances that our clients get after the initial appearance is something called a Pretrial Conference. The pretrial conference is somewhat like a vestigial tail...it may have been useful in the past, but it doesn't reflect the modern reality of the criminal justice system. A pretrial conference is nothing more than a set date and time for the attorneys for the State and the Defense to get together and talk about a resolution. This was a practice that worked well in the days before email, but doesn't reflect the reality of how criminal prosecutions are currently handled. In almost all circumstances, the assigned prosecutor is not available or present for the pretrial conference as scheduled and potential resolutions are discussed by email or some other dedicated meeting between the attorneys.
Here's what our clients need to know about the pretrial conference: you don't need to be there. Neither attorney is ever present and despite language on the order requiring an appearance, the prosecutor would not be allowed to talk to a represented client without their attorney. If you are not represented by an attorney then you should obviously still appear at the DA's office as requested, but cases with attorneys are not handled in this fashion any longer.
Pretrial conferences are pretty universal in the counties we regularly visit, but some counties have a slightly different practice. Particularly Monroe County, where a client will first receive an Offer Date (the DA gives us their initial offer to settle) followed by a Pretrial COnference to discuss the offer. But the same rules apply since this scheduling order is rarely conducted in person or the timeframes specified in the notice. Once our attorneys have received an offer to settle, we will always discuss it with our clients, and determine how to schedule a case from a Status Conference.
Comments