{"id":352299,"date":"2024-01-24T16:46:09","date_gmt":"2024-01-24T21:46:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/pretrial-hearings-motions.html"},"modified":"2024-01-24T16:46:09","modified_gmt":"2024-01-24T21:46:09","slug":"pretrial-hearings-motions","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/pretrial-hearings-motions.html","title":{"rendered":"Pretrial Hearings and Motions"},"content":{"rendered":"\n
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Pretrial Hearings and Motions<\/h1>\n
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\n By Sarah Williams, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

A criminal defendant then enters a plea, which is an answer to the charges. Typically, the accused either pleads not guilty or no contest. A guilty plea at this stage would end the pretrial phase and move it to sentencing because the defendant has admitted to being criminally liable.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

In the criminal justice system, a case is often decided before the actual trial date. Prosecutors and defense attorneys can file motions that shape the outcome of the proceedings. Often, the outcome of a case hinges on the results of these motions and the hearings that go with them.<\/p>\r\n

This section discusses different types of pretrial motions and hearings that can occur during a criminal prosecution.<\/p>\r\n

Criminal Charges<\/h2>\r\n

There are several ways the state brings criminal charges<\/a>. For relatively minor charges, a police officer can issue a citation or ticket. Citations are only issued for minor infractions not punishable by prison. You can avoid going to court by paying the ticket. But paying the ticket amounts to pleading guilty.<\/p>\r\n

In serious felony cases, criminal charges come from either an "indictment" or "information." Here, a prosecutor reviews the evidence gathered by the police and submits it to a grand jury to determine if there is sufficient evidence to warrant a trial. This system is sometimes chosen when the prosecutor is uncertain about the evidence and may use the grand jury to test the strength of the prosecution’s case.<\/p>\r\n

The other method of filing charges includes filing a criminal complaint, also known as the "information." Here, the prosecutor files a document with the court alleging the specific crimes against the accused and a brief summary of the facts indicating the defendant’s guilt.<\/p>\r\n

Arraignment Hearing<\/h2>\r\n

After law enforcement places someone under arrest, they go through the booking and bail hearing<\/a> process. The arraignment hearing<\/a> is often combined with the bail hearing. Here, the accused learns about the charges against them. A judge will ask whether the defendant has a criminal defense attorney or needs a court-appointed one.<\/p>\r\n

Next, the judge will explain the defendant’s rights, including their constitutional right to a speedy trial<\/a>. The parties will set a schedule for pretrial motions and select a court date for the jury trial itself.<\/p>\r\n

Pretrial Conferences and Discovery<\/h2>\r\n

Discovery takes place in both civil and criminal trials. Before a trial, both sides must exchange information about the facts <\/a>of the case. Document production requests are demands between the parties to produce certain documents.<\/p>\r\n

In criminal cases, the prosecution must provide documents relevant to the case, such as police reports and forensic reports like DNA testing results, even if the defense doesn’t make a specific request for it.<\/p>\r\n

The prosecution must always disclose exculpatory evidence<\/a>. This is favorable evidence that can exonerate the defendant.<\/p>\r\n

Decisions made during the discovery phase of a pretrial can seriously affect the case outcome. In some cases, it can determine whether a trial is even necessary. So, states mandate parties make certain disclosures.<\/p>\r\n

Common examples of mandatory disclosures include:<\/p>\r\n