If you have been accused of a crime in Florida, you likely have questions about the legal process that will ensue. For example: Can a case be dismissed at a pre-trial conference? How can a criminal defense lawyer help? These are all valid questions when facing criminal charges.
A pre-trial conference is a type of court hearing where a defense attorney, prosecutor, and judge meet to discuss whether a criminal case will proceed to trial. At Buda Law in Tampa, FL, our attorneys can help you understand what to expect during a pre-trial conference and how it may affect your case.
With years of experience handling criminal cases at all stages, you can trust that attorney Andrew Buda – a former prosecutor turned Tampa criminal defense attorney – will protect your constitutional rights and work to achieve the best possible result during your pre-trial conference.
Don’t leave your future to chance—call (813) 322-2832 or contact us online to schedule a free consultation today.
What is a Pre-trial Motion?
A pretrial motion is a legal request made before a trial begins, asking the judge to rule on certain issues in a criminal case. These motions can shape the outcome of a case by determining what evidence can be used, whether charges should be dismissed, or whether a jury trial is necessary.
Defense attorneys and prosecutors can file motions at any time before the trial date, and the judge decides whether to grant or deny the motion.
Examples of Pretrial Motions
Several important motions can be filed before trial, including:
- Motion to Dismiss: Asks the court to drop charges due to insufficient evidence, procedural errors, or lack of probable cause.
- Motion to Suppress Evidence: Argues that unlawfully obtained evidence, such as statements or items collected by law enforcement officers during an illegal search or illegal stop, should not be used in court.
- Other Motions: Request to exclude illegally obtained witness testimony, challenge a police report, or argue for a new trial if new evidence comes to light.
What is a Pre-Trial Conference?
A pretrial conference is a court meeting held before a trial date to discuss how a criminal case will proceed. During this court appearance, the judge, defense attorney, and prosecutor review the case, determine if a settlement agreement is possible, and decide whether the case should go to a jury trial.
In some situations, the defense counsel may argue for a case dismissal if there is not enough evidence or procedural errors in the prosecution’s case. The judge may also discuss scheduling deadlines for pretrial motions and set an official court date.
A strong legal defense at this stage can make a huge difference in the outcome of a case.
What is a Pre-Trial Hearing in Florida?
A pre-trial hearing is a broader term that includes different court hearings before trial.
During pretrial hearings in Florida, the judge, defense attorney, and prosecutor discuss legal issues before the trial begins. One primary goal of a preliminary hearing is to determine whether there are valid grounds to proceed with the case or whether it should be dismissed. The court may also review certain evidence to decide whether it can be used during trial.
Unlike a pretrial conference, which focuses on whether the case will proceed to trial, a preliminary hearing can involve discussions about witness testimony and plea deals, where the criminal defendant agrees to plead guilty in exchange for reduced charges or a lighter sentence.
Pre-Trial Motion vs. Conference vs. Hearing
Although pretrial motions, pretrial conferences, and pretrial hearings occur before a trial begins, they each serve a different purpose. Let’s recap:
A pretrial motion is a formal request by a defense attorney or prosecutor to ask the judge to rule on key issues, such as whether there is enough evidence to proceed or whether certain evidence should be excluded.
A pre-trial conference is a meeting where the judge, prosecution, and defense discuss how the case will move forward and if the case should go to trial.
A pretrial or preliminary hearing is a court proceeding in which legal arguments are made about the case, including guilty pleas and whether there is enough reasonable doubt to justify a case dismissal.
Each step helps determine whether a criminal case proceeds to a jury trial or is resolved beforehand.
Can a Case Be Dismissed at Pre-Trial Hearing or Conference?
Yes, a criminal case can be dismissed at a pretrial hearing or pre-trial conference under certain circumstances.
A defense attorney may file a motion to dismiss if there is insufficient evidence, a violation of the defendant’s Fourth Amendment rights, or procedural errors in the prosecution’s case. If the judge decides there is not enough evidence to move forward or that certain legal errors were made, the charges may be dropped.
Common Reasons for Dismissals at a Pre-Trial Conference
A criminal case may be dismissed at a pre-trial conference for several reasons, including:
- Insufficient Evidence
- The judge may dismiss the case if the prosecution lacks enough evidence or relies on unreliable witness testimony.
- Discovery Violations
- The prosecution must follow the legal process called discovery, sharing all evidence with the defense. Failure to do so may result in dismissal.
- Improper Charges
- The case may be thrown out if the prosecution files charges that do not match the alleged facts.
- Constitutional Violations
- If a police officer conducted an illegal search or failed to advise the defendant of their Miranda Rights, such as teh right to remain silent during arrest, specific evidence may be excluded, weakening the case.
- If the defendant’s right to a timely trial is violated, a motion to dismiss may be granted.
Role of the Judge
The judge’s role in a pre-trial conference is to review the case and determine whether it should proceed to trial. The judge may dismiss the charges if a defense lawyer presents strong legal arguments showing a lack of probable cause, insufficient evidence, or serious procedural errors.
Because the judge can dismiss a case at this stage, having a skilled defense lawyer who knows how to challenge the prosecution’s claims and identify weaknesses/errors is essential to securing the best possible outcome for the defendant.
How a Tampa Criminal Defense Lawyer Can Help at a Pre-Trial Conference
At a pre-trial conference, having a strong criminal defense team can determine whether your case proceeds to trial or ends in a dismissal. As a Tampa felony defense attorney, Andrew Buda will protect your rights by gathering evidence and witness testimony to challenge the prosecution’s case.
In both misdemeanor and felony cases, he can file motions to suppress illegally obtained evidence or argue for dismissal if the prosecution lacks probable cause. He also negotiates with prosecutors to seek reduced charges or a complete dismissal.
Why Choose Andrew Buda for Pre-Trial Representation in Tampa?
Having the right attorney can make all the difference when facing pretrial hearings. Andrew Buda brings valuable insight as a former prosecutor, giving him a deep understanding of how the prosecution builds its case.
Now, as a Tampa misdemeanor defense lawyer and felony defense attorney, he uses that experience to protect your rights and challenge the prosecution’s case. Whether filing pre-trial motions to suppress evidence or arguing for a case dismissal, Andrew Buda fights to achieve the best results regarding your case.
If you are facing criminal charges in Florida, Buda Law is ready to stand by your side and defend your future.
Contact an Experienced Tampa Pre-Trial Defense Attorney at Buda Law Today
A pre-trial conference can be overwhelming when facing criminal charges in Florida, but having dedicated legal support can make a significant difference in the outcome of your case.
At Buda Law, our team of experienced Tampa criminal defense attorneys offers clear guidance and strategic defense, from challenging the prosecution’s evidence to fighting for a case dismissal on your behalf.
Call (813) 322-2832 or contact us online to schedule a free consultation with a trusted Tampa pre-trial defense attorney today.