Criminal Defense
Since 1993
Since 1993
WHAT HAPPENS AT A PRETRIAL CONFERENCE IN CENTRAL FLORIDA? FAQs
Q: What is a pretrial conference?
A: A pretrial conference is a meeting between your attorney and the judge to discuss the status of your case. This meeting aims to update the judge on the progress and determine the next steps. Three main outcomes can be discussed at a pretrial conference.
Q: What are the three possible outcomes of a pretrial conference?
A: At a pretrial conference, your attorney will discuss one of three things with the judge:
- Trial: “Judge, the case is ready to be set for trial. Please give us a date when we can pick a jury.”
- Plea: “Judge, the case is resolved, and we will enter a plea. Please give us a plea date.”
- Continuance: “Judge, we need more time. The State hasn’t turned over some evidence, or the depositions are incomplete. Please set another pretrial date in two or three months.”
These are the three primary topics that will be addressed, and this is all the judge really wants to hear at a pretrial conference.
Q: Why might a continuance be requested at a pretrial conference?
A: A continuance might be requested if the defense or prosecution needs more preparation time. This could be due to incomplete evidence, pending depositions, or other factors that prevent the case from moving forward. Requesting a continuance gives both sides additional time to ensure that all necessary steps are taken before proceeding to trial or entering a plea.
Q: Do I need to attend my pretrial conference?
A: You do not usually need to attend your pretrial conference if you have an attorney, because we attorneys have you file a “waiver of pretrial appearance” and the Florida statutes permit such. Many judges prefer these meetings without the client present, and they may even close their doors to clients during pretrial conferences. Your attorney can handle the proceedings and update you afterward. Discussing this with your attorney, who can advise you on whether your presence is necessary, is a good idea.
Q: What should I expect if my attorney attends the pretrial conference on my behalf?
A: If your attorney attends the pretrial conference on your behalf, they will file a waiver of your appearance. This means you don’t need to be there (so long as your attorney tells you not to be there!). At pretrial, your attorney will represent your interests, update the judge on the case status, and handle any necessary discussions. This process is usually quick, though it can take longer if some attorneys become overly verbose.
Q: Why do some judges limit the discussion at pretrial conferences?
A: Some judges prefer to keep pretrial conferences efficient and focused. For example, a famous judge in Central Florida had a poster in the courtroom instructing attorneys only to say THREE WORDS: “trial,” “plea,” or “continuance.” This approach helps keep the proceedings brief and to the point. Judges may enforce these rules strictly to maintain order and efficiency in the courtroom.
Q: What should I do if I have questions about my pretrial conference?
A: If you have questions about your pretrial conference, discuss them with your attorney. They can provide you with specific guidance based on your case and the preferences of the judge assigned to your case. If you’re facing a pretrial conference in Central Florida, including Orange, Seminole, Osceola, Brevard, Lake, or Volusia counties, contact my office. My name is John Guidry, and I am here to help you navigate the legal process and achieve the best possible outcome for your case.
