A pretrial conference is simply a status hearing where the judge wants to know what's happening with the case. That's really all it is. Now, when I reach the podium at a pre-trial conference, most judges ask me exactly that, they'll say "Mr. Guidry, what's the status of your client's case?" Now, for the most part, we're floating around three concepts, three only plea, trial, or continuance. Here's how those options sound at pre-trial, just to give you flavor. Option one: Your Honor, we've negotiated a plea deal in this case so we need a plea date to come back and enter the plea, unless your honor is willing to accept the plea today at pre-trial. That would be option one, entering a plea. Option two: Your Honor, the defense is ready for trial, on what day would you like to start picking a jury? And option three is the most convoluted one, we're asking for a continuance. Your Honor, we are not ready for trial because the state hasn't provided the body cam videos or some evidence that we know they have, maybe we have a motion to dismiss or suppress in a couple weeks, so we're going to ask the court to continue this to the next pre-trial docket. Now, in addition to those main goals we talked about, pre-trial is really a great time to give the judge the road map of where the case is heading, if the judge wants to hear it, some don't. You we may mention, for example, that the state is willing to drop or reduce the charges in the future. We may complain a little bit to the judge explaining, look, the state's offer is ridiculous, it's unreasonable, we're going to file more motions, we're going to trial because of that and either way, I think the judge appreciates knowing a little bit of why this case is, where...
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A pre-trial statement is a document prepared by both the prosecution and the defense in a legal case before the trial begins. It serves as a summary of the important facts, legal issues, evidence, and witnesses that each side intends to present during the trial. The pre-trial statement outlines the arguments and strategies that will be used by the attorneys representing the parties involved in the case. It helps the court and the opposing party understand the key aspects of the case and facilitates a streamlined trial process. Both the prosecution and the defense need a pre-trial statement. The prosecution uses it to present the charges against the defendant, the evidence they have collected, and their legal theories. It allows them to organize their case and provide a clear overview to the court and the defense. The defense also prepares a pre-trial statement to respond to the prosecution's case. It helps the defense outline any legal defenses, counterarguments, and evidence they plan to present during the trial. This statement can also help identify any potential legal issues that may need to be addressed before or during the trial. In summary, a pre-trial statement is a crucial document needed by both the prosecution and the defense to clarify their respective cases and streamline the trial process. It provides a comprehensive overview of the facts, evidence, witnesses, and legal arguments that will be presented during the trial.
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