It Helps Having An Experienced Criminal Defense Lawyer at Your Pre-Trial Conference

If you got arrested and had a Preliminary Hearing where the Judge has decided that certain criminal charges of yours are going forward, what happens next? In Philadelphia, for example, you are given an arraignment exactly two (2) weeks afterwards. Not much happens there except that you are given your Pre-trial Conference court date in a “Smart Room”, where the offers are made (about three (3) weeks later).

In addition, on the day of your arraignment (sometimes before), the discovery is made available online to your attorney. Counties surrounding Philadelphia like Montgomery, Bucks, Delaware, and Chester have slightly different trial procedures but the concept is the same. Contact Mark D. Hauser to be your Philadelphia theft attorney or serve you other ways in the court room.

What Happens At the Pre-Trial Conference

At your Pre-trial Conference, your offer is conveyed to your attorney who then conveys it to you that day if you are not in custody or are in custody and brought down to the courthouse that day. If you are not brought down the case can be continued so that the offer can be conveyed to you before the next court date.

Evaluating the Prosecutor’s Offer

(It goes without saying that if the case against you is very weak then no matter what the offer is you will most likely automatically be turning the offer down the offer so keep that in mind in the following scenarios. So for purposes of this discussion assume that is not the case.)

Once your attorney receives your offer he will immediately evaluate it to see if it is a “very good”, “fair”, or “unacceptable/bad” offer. If it is a very good offer, he will then convey the offer to you and most likely recommend that you take it if they feel you are not likely to beat the criminal case at trial. If it is a fair or unacceptable/bad offer then your attorney will often talk to the Assistant District Attorney (“ADA”) and make arguments on why the offer does not seem fair given the facts of your criminal case (or just to see if they can get a better offer since it never hurts to ask).

Negotiating a Better Deal

Sometimes your attorney is able to convince the ADA to give you a better deal than the original offer (hence, the term, “negotiated offer”). Other times they will not and sometimes they will not have the authority to lower the offer and have to check with their supervisor.

Your Options After the Offer is Made

Once the negotiations are finished, you have four choices:

• Accept the negotiated offer and plead guilty

• Plead guilty without an agreement and let the judge decide your sentence (this is called pleading “open”)

• Request a jury trial

• Request a judge (waiver) trial, where you waive your right to a jury

If you are in custody and not brought down to the courthouse, you are given a short continuance so that your attorney has time to convey the offer to you. If you decide to plead guilty (either an open or negotiated offer), you are brought down to the court house from the prison on the next court for your guilty plea. Mark D. Hauser can serve as an attempted homicide attorney in Philadelphia and on more serious cases.

What Happens if You Decide Not to Plead Guilty

If you decide not to plead guilty, you are given a new court in front of your trial judge for a Pre-trial court date. If you plead guilty, sometimes you are also sentenced that day. Other times, as in more complicated or serious cases, a Presentence Investigation Report (and sometimes a Mental Health Evaluation too) is ordered. Then about two (2) months later, you are sentenced by the Judge at your next court date. (Counties other than Philadelphia do things slightly differently, but the end result is the same.)

For more information or a consultation, contact Mark D. Hauser today!