Almost every DUI case gets worked out and settled at the pretrial stage. Knowing what a pretrial is – and is not – is really key to a basic understanding of how most criminal and DUI cases are resolved. In this 2-part article, I want to shed some light on the role of the pretrial, because once you better understand it, you’ll find that the whole idea of an upcoming pretrial is certainly nothing to be worried about. Despite the mystery that seems to surround it, this is actually a very simple concept.
Perhaps the biggest misconception is that there is just a single pretrial, meaning only one such proceeding. Unlike certain phases of the criminal and DUI process, like an arraignment, or a sentencing, which only happen one time, there can be any number or pretrials. Most of the criminal and DUI cases that I handle have at least 2 pretrials, and often more. Thus, it’s not a matter of only having one pretrial in a case, but rather that there can only be one pretrial at a time, with the first one most often being followed by at least one more.
This makes more sense when you realize that the definition of a pretrial is really any meeting of the parties (meaning the prosecutor and the defense lawyer) prior to (i.e. pre) trial. While a pretrial is usually used as an opportunity for negotiations to take place, anytime the parties get together before trial, the term pretrial generally applies. And to be clear, although we’re getting a bit ahead of ourselves, the overwhelming majority of criminal and DUI cases DON’T go to trial, meaning that very few pretrials are ever followed by an actual court trial.