When someone is charged with a DUI or DWI in New Jersey, there are several pretrial proceedings, including the pretrial conference. Exactly what happens at this conference may depend on your case and legal strategy, but it is generally a way for the parties to check in with each other and the court about the overall status of the case.
Your attorney may inform the court whether you need more time to prepare. You may also discuss evidence with the prosecutor. If they have not completed discovery, we can raise the issue during the conference. We may also submit pretrial motions to suppress evidence we believe was illegally obtained. In short, what happens at the pretrial conference may have a significant effect on how the remainder of your case goes.
Get a private, free case evaluation by calling the Lombardo Law Group at (856) 281-9600 and talking to our Cherry Hill, NJ DWI and DUI defense attorneys.
Pretrial Conferences for DWI Cases in NJ
A criminal case may go through multiple hearings before a trial, and DUI and DWI cases are no different. Your pretrial conference is an important proceeding that allows everyone to check the status of the case and file pretrial motions.
The pretrial conference is an opportunity to determine whether the case is moving along smoothly or if legal roadblocks are getting in the way. Both parties may inform the court and each other whether they need more time or if certain issues must be taken care of before the case can move forward. Although this might sound mundane, it is important to make sure the case goes smoothly.
The pretrial conference may also allow us to determine whether a trial is even necessary. In some cases, prosecutors and defendants can resolve matters with a plea agreement, making a trial unnecessary. If you are interested in a plea agreement, the pretrial conference is a good place to discuss it.
Our Cumberland County, NJ DWI and DUI defense attorneys may also discuss evidence issues at this conference. During the discovery phase, the prosecutor should turn over all relevant evidence. If evidence is missing or incomplete, we can address the issue at this conference.
When Does the Pretrial Conference Happen in DWI Cases?
As the name implies, a pretrial conference occurs before the trial. The facts of the case and the court’s schedule may determine exactly when your conference is scheduled.
Usually, the pretrial conference is held after the arraignment or initial appearance but before a preliminary hearing and trial. The defendant should already be charged, but the trial is still some time away.
The courts’ schedule may influence when the pretrial conference is held. If the court is especially busy, the pretrial conference and many other hearings in your case may be scheduled later. This might mean your case takes longer to complete, but you might have more time to prepare.
How an Attorney Can Help You During the Pretrial Conference in Your DWI Case
You should have a lawyer by your side for many other hearings besides the trial. In fact, it is wise to hire a lawyer as soon as possible after you are arrested so they can help you with various pretrial hearings, including the pretrial conference.
Your attorney can help you negotiate a plea agreement at the pretrial conference if you are open to one. While prosecutors might offer you some kind of deal, it might not be the best deal possible. This is something you might not know without the help and advice of an experienced lawyer.
Your lawyer should also help you assess evidence, file motions for discovery, and challenge illegal evidence at the pretrial conference. Any one of these things may completely change the course of your case.
Your attorney can also talk to prosecutors and possibly get them to stipulate to certain facts. If the parties stipulate to certain facts, those facts do not have to be proven with evidence in court. The parties simply agree they are true. Stipulating may play a role in certain legal strategies and help you.
Challenging Evidence During a Pretrial Conference for a DWI
The pretrial conference is a great opportunity to challenge the evidence against you. If we have reason to believe that some of the prosecutor’s evidence is illegal or inadmissible, we can raise the issue during the conference.
In a DUI case, the most important evidence is arguable the results of chemical testing. If we know that the police illegally forced you to comply with testing or that the testing equipment was faulty, we can file a motion to have it excluded.
We can also challenge the arrest itself if it was unlawful. If the police lacked probable cause to arrest, we can bring this up. Evidence obtained pursuant to the unlawful arrest may be suppressed.
Demanding Discovery of Evidence During a DWI Pretrial Conference
The discovery phase of your case is so important because it is when prosecutors must provide us with all their relevant evidence. We need this evidence to build the strongest case possible, and if evidence is missing, we can bring it up during the pretrial conference.
As said, we are entitled to see the prosecutor’s relevant evidence, and we need it to build a compelling defense. Prosecutors must be transparent about the evidence they have against you so that there are no surprises in the courtroom. If they do not show us everything, we could be blindsided in court, which is a violation of your due process rights.
If prosecutors have not provided all their relevant evidence, we can ask the court to compel discovery. In that case, the court would issue an order demanding that prosecutors turn over the evidence to us. If prosecutors refuse to turn over evidence, they may face serious consequences.
Compelling discovery also helps us determine if prosecutors plan to present illegal evidence. If we learn that some of their evidence was obtained illegally, we can work to have it excluded at the pretrial conference.
Talk to Our NJ DWI Defense Attorneys for Help Right Away
Get a private, free case evaluation by calling the Lombardo Law Group at (856) 281-9600 and talking to our East Vineland, NJ DWI and DUI defense attorneys.
