If you're facing a felony charge, understanding what happens at a pretrial for a felony can help you know what to expect. The pretrial phase occurs after arraignment and before trial. It includes several court appearances and behind-the-scenes work that shapes the outcome of your case.
What Is a Pretrial Conference?
A pretrial conference (or pretrial hearing) is a court appearance where the judge, prosecutor, and defense attorney discuss the status of the case. At a pretrial for a felony in Florida, the judge may address scheduling, discovery issues, pending motions, and whether the case is heading toward a plea or trial. These hearings are typically short—often just a few minutes—and may occur multiple times as the case progresses.
Discovery
During pretrial, the prosecution must provide discovery—evidence they intend to use against you. This includes police reports, witness statements, forensic reports, and other materials. Your attorney will review the evidence and identify potential issues, such as illegally obtained evidence or weaknesses in the prosecution's case. Discovery often continues throughout the pretrial phase.
Motions
Your attorney may file motions during pretrial. Common motions include motions to suppress (challenging evidence obtained through illegal search or seizure), motions to dismiss (arguing the charges should be dropped), motions for bond reduction, and motions to compel discovery. The judge will hold hearings on these motions. Rulings on motions can significantly affect your case—for example, if evidence is suppressed, the prosecution may have to dismiss or reduce charges.
Plea Negotiations
Plea negotiations typically occur during pretrial. The prosecution may offer a plea deal—such as reduced charges or a recommended sentence in exchange for a guilty plea. Your attorney can negotiate on your behalf and advise you on whether to accept an offer. Many felony cases are resolved through plea agreements rather than going to trial. The pretrial conferences give the parties opportunities to discuss potential resolutions.
Status Hearings
Felony pretrials often include multiple status hearings. The judge uses these to ensure the case is moving forward, that discovery has been exchanged, and that both sides are prepared. If you're out on bond, you must appear at all scheduled hearings. Missing a court date can result in a warrant for your arrest and bond revocation.
How Long Does Pretrial Last?
The pretrial phase can last weeks, months, or sometimes longer for complex felonies. Factors include the complexity of the case, the amount of discovery, whether motions are filed, and court docket schedules. Your attorney can give you a better sense of the timeline based on your specific case.
If you're facing felony charges and have questions about what happens at a pretrial for a felony, speak with a Miami criminal defense lawyer who can explain the process and protect your rights. For more information, visit our FAQ page or contact our office for a Free Consultation.