What happens at a pretrial for a divorce?

What happens at a pretrial for a divorce?

The pretrial hearing is the last step before trial. At this point in the divorce process, you and your spouse have worked out most of the details. This allows the judge time to review the evidence and ask more detailed questions of your attorney during the hearing.

Who can attend a pretrial hearing?

Who attends a PTC? All parties must attend the PTC. If a lawyer or agent represents a party they must bring the party they represent to the PTC. Witnesses are not permitted at the Pre-Trial Conference.

Does defendant have to be present at pretrial?

Does a Defendant Have to Appear at the Pretrial Hearings? In felony cases the defendant must be present at all hearings. In most misdemeanor cases an attorney can appear for the accused. If the charges involve domestic violence the accused must be present for sentencing.

Can you go to jail during a preliminary hearing?

It is very unlikely that you would go to jail at the preliminary hearing. The court’s job is not to find the defendant guilty or not guilty. It is relatively rare for this to happen, so it is unlikely that you would go to jail at the preliminary hearing even if the prosecution presents sufficient evidence.

Do witnesses testify at a preliminary hearing?

A legal proceeding may take hours, days or months. You may have to go to court more than once. For example, you may have to testify at a preliminary hearing and at trial. The Crown presents its evidence first, so, if you are a witness for the Crown, you will probably be the first witness.

What happens if someone pleads not guilty but is found guilty?

When you plead not guilty, the magistrate will give you a hearing date. At the hearing, the prosecutor will present evidence to try and show the court that you are guilty. The magistrate will then make a decision. If you plead not guilty plea and you change your mind, you can change your plea to guilty.

How long after a preliminary hearing is sentencing?

Sentencing: If a defendant is convicted by either pleading guilty to a charge, or by being found guilty after a trial, sentencing will take place about seventy- Page 5 five days later if the defendant is in custody, or about ninety days later if the defendant is out of custody.

What is the next step after a preliminary hearing?

After a preliminary hearing, the next stage of the process commences. The defense attorney may be able to negotiate a plea bargain with the prosecutor in order to reduce the charges or the sentence. If the defendant does not wish to plead guilty, the case proceeds to trial.

What can I expect at a preliminary hearing?

The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses. If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled.

How long does processing take in jail?

The discharge process can take as little as 30 minutes or as long as 24 hours. Unfortunately, the speed of your release is unpredictable but typically the quicker you are able to make your bond payment the quicker the process will be to be released.

What does it mean when they keep pushing your court date back?

It could mean that they are still collecting evidence to build a case. It could mean that a key witness is sick or unavailable. It could mean that the prosecutor on the case has some other big cases or a vacation scheduled and so needs to push your case back. There are many reasons why a case might be pushed back.

Why would a defendant ask for a continuance?

Attorneys often request continuances because their work on other cases has prevented them from devoting the necessary time to the case at hand. Courts usually allow some leeway in these situations, especially for court-appointed defense attorneys. Time for the defense.