What Happens at a Pretrial Conference in Florida?
A pretrial conference in Florida is usually much simpler than people expect.
Many clients imagine dramatic courtroom arguments, witness testimony, or major rulings happening during a pretrial hearing. In reality, most pretrial conferences involve a short conversation between the attorneys and the judge about the status of the case.
After more than 30 years defending criminal cases, I can tell you that most pretrial hearings revolve around only three possible outcomes.
The Three Things Discussed at a Pretrial Conference
At almost every pretrial conference, the judge wants to know one basic thing:
Where is the case heading?
Most attorneys answer that question in one of three ways:
- The case is ready for trial
- The case is resolving with a plea agreement
- The defense needs more time
That is really the entire purpose of a pretrial conference.
When a Case Is Ready for Trial
Sometimes the defense and prosecution cannot reach an agreement.
When that happens, the attorney tells the judge the case is ready for trial and requests a jury trial date.
At that point, the court begins preparing the case for trial proceedings, including jury selection and final motions.
Not every case reaches this stage, but some do.
When a Case Resolves Through a Plea
Other times, the attorneys negotiate a plea agreement before trial.
In that situation, the attorney informs the judge that the case has resolved and asks the court to schedule a plea hearing.
During the plea hearing, the defendant formally enters the negotiated plea agreement before the judge.
Many criminal cases resolve this way instead of going to trial.
Why Attorneys Ask for Continuances
The third option at a pretrial conference is a continuance.
A continuance simply means the defense or prosecution needs more time before moving forward.
For example:
- The state may still owe evidence or body camera footage
- Depositions may remain incomplete
- Attorneys may still negotiate possible resolutions
- Motions may still need hearings before trial
When that happens, the attorney asks the judge to schedule another pretrial conference later.
Continuances are extremely common in criminal cases.
Why Many Clients Do Not Attend Pretrial Conferences
One thing surprises many people facing criminal charges:
In many Florida courts, judges do not require clients to attend pretrial conferences personally.
Some judges even prefer attorney-only pretrial calendars because the hearings move faster that way.
Defense attorneys often file written waivers allowing the attorney to appear without the client present.
That saves clients from spending hours waiting in crowded courtrooms for a hearing that may only last a few minutes.
Still, every judge handles these appearances differently, so clients should always confirm attendance requirements with their attorney.
Why Pretrial Hearings Sometimes Take So Long
Even though pretrial conferences usually involve only three major issues — trial, plea, or continuance — the hearings can still take a long time.
Some attorneys provide detailed explanations about negotiations, pending evidence, or legal motions.
Other judges prefer short answers and move through the docket quickly.
Every courtroom operates a little differently.
Final Thought
A pretrial conference is primarily a status update for the judge.
The court simply wants to know whether the case is heading toward trial, resolution, or additional preparation.
For most defendants, the hearing itself is far less dramatic than television makes it seem.
Still, pretrial conferences remain an important part of the criminal court process because they help determine where the case goes next.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.