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Preparing for a pretrial hearing starts with understanding what type of hearing it is and discussing it with your attorney. Different pretrial hearings serve different purposes:
This is when the judge reviews bond conditions and determines if you qualify for a court-appointed attorney or if you want to hire an attorney.
In these, your attorney argues why certain evidence should be excluded usually due to police misconduct.
Here, the defense and prosecution negotiate potential plea agreements.
Your preparation depends on the type of hearing. If you have evidence like texts, emails, voicemails, or photos gather it and discuss it with your attorney in advance. If you’re expected to testify, review your testimony with your attorney. It is very rare that you will testify or speak with the prosecutor or judge, but if you do, you need to be prepared because anything you say can and will be used against you. Knowing what to expect helps ensure you’re ready and your attorney can provide the best representation possible.
For any pretrial court hearing, business casual is generally fine. You don’t need to wear a suit, but your clothing should be neat, professional, and free of distractions. Think of how people typically dress in an office or a bank slacks or khakis, a button-down shirt, a blouse, or a modest dress. The goal is to avoid drawing negative attention from the judge or prosecutor. Dressing appropriately indicates that you are taking the process seriously.
During your pretrial court hearing, you likely won’t be speaking directly to the judge or prosecutor your attorney will handle that for you. The main focus is usually on negotiations between your attorney and the prosecutor, often discussing potential plea bargains or case progress, such as making sure all the evidence is available to us (i.e. surveillance videos, body cam, dash cam, and all police reports and witness statements).
If you do have to address the judge, it’s typically about bond conditions whether they need to be added or changed or if you’re accused of violating them. In that case, your attorney will be by your side, but the judge may ask you direct questions.
Your attorney will inform you if your case is moving to trial after the pretrial hearing. There are usually multiple pre-trial settings, and your attorney should tell you exactly where you are in the process and when you can expect the case to go to trial if you cannot resolve it with some type of plea agreement. Additionally, the court will send a text or email with your next court date, and if you have a bail bondsman, they are responsible for keeping you updated as well.
Court dates are usually scheduled with several weeks’ notice. If you cannot attend or have a conflict, contact your attorney immediately they may be able to request to reschedule if there is a valid reason and you give the court enough advance warning.
Hiring an attorney before your pretrial hearing is important for two main reasons. First, your attorney can identify relevant evidence, work with investigators to gather it, speak with witnesses, and prepare for trial if necessary. The longer you wait, the less likely the evidence will still be available. For instance, if the police do not collect surveillance video from a gas station next to where you were arrested, that video is usually not saved and is purged 10 days after the incident. Another example is finding potential witnesses or speaking with witnesses while their memories are fresh. The longer you delay, the more likely evidence may go missing.
Second, if you are facing a felony charge in Texas, the prosecutor will present your case to a grand jury. While your rights in that process are limited, an attorney can communicate with the prosecutor beforehand to argue for your case to be no-billed or dismissed. Prosecutors are far more likely to consider arguments from an attorney than from someone representing themselves and will consider what the attorney says in how they present the case to the grand jury and what they tell them. We have had many cases no-billed and dismissed because we were able to share evidence that the grand jury fairly should have considered. Sometimes grand juries no bill cases not because there is a lack of probable cause, but because they believe it is the right thing to do. As a former prosecutor, Jonathan Lowe has presented hundreds of cases to the grand jury and knows how grand juries think and what they are looking for when considering whether to no bill a case.
Working with an attorney significantly improves your chances of resolving your case before it ever goes to trial. Your attorney can access discovery materials, including police reports and videos, discuss the case with you, and negotiate on your behalf. Prosecutors are generally more open to discussions with attorneys they know rather than individuals representing themselves. Pro se defendants rarely achieve better outcomes than those with legal representation, as prosecutors tend to be more guarded when dealing with pro se defendants.
One of the biggest mistakes defendants make is discussing their case with people other than their attorney. Before your first court setting, you may not even have access to the police report or know what any other witnesses have said to the police or to the prosecutor. Anything you say whether in person, over text, or in an email can be used against you.
Another common mistake is failing to gather and preserve evidence. If you lose or delete text messages or photos, it can significantly weaken your defense. It’s essential you avoid these pitfalls by keeping all case discussions strictly between you and your attorney and ensuring you save any and all relevant evidence to your case.
When I first speak with a client, I want to hear everything about their side of the story. Clients often don’t realize that small details they overlook could be key to getting their case dismissed or reduced. With my experience as both a trial attorney and a former prosecutor, I understand what juries focus on and what evidence prosecutors look for.
Many times, the State only has the victim’s version of events and may not be aware of other witnesses or critical evidence. That’s why gathering all relevant information upfront is key. Doing so allows us to decide whether to share evidence with the prosecutor early to negotiate a plea or hold onto it for trial to strengthen our case.
As for the trial process, your attorney will keep you informed. While each court and judge operates slightly differently, they generally follow a structured progression. In Tarrant County, for example, felony cases go through multiple pretrial settings, including consultation dockets, evidence exchanges, motions dockets, and status conferences. Each step serves a specific purpose, and knowing where your case stands is critical to achieving the best possible outcome.
For more information on Pretrial Hearings In Tarrant County, TX, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 660-7601 today.