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A: A pre-trial conference is a proceeding in which the judge determines if the defense and prosecution have come to an agreement on a plea of guilty. If so, the judge swears in the defendant and takes the plea of guilty on that date.
Definition Pretrial diversion is the postponement of imposition of sentence upon any person who qualifies for this program, for a period of time not to exceed five (5) years, subject to certain conditions established by the Court.
Pretrial is the time period after an individual has been arrested but before they have been convicted of a crime. During this time period, a pretrial services officer will gather information about the defendant through interviews and record checks.
Section 533.258 - Effects of successful completion of pretrial diversion agreement (1) If the defendant successfully completes the provisions of the pretrial diversion agreement, the charges against the defendant shall be listed as "dismissed-diverted" and shall not constitute a criminal conviction.
Pretrial conferences are usually held in misdemeanor cases when the parties tell the judge about progress in the case. Pretrial conferences are also used to encourage settling cases, as well as review the evidence by the judge and lawyers and clarify the issues in dispute.
While the pretrial interview is voluntary, pretrial staff are required to conduct a criminal background check and a risk assessment to determine if the defendant is likely to appear in court and not get rearrested if released from jail while the case is pending.
A pretrial hearing, sometimes called a pretrial conference, is a meeting of the defense, the prosecution, and the judge before a trial commences. If one party does not appear, the judge can impose sanctions. During this hearing, a range of documents may be presented, evidence can be presented and excluded, and more.
Factors Considered by the Court: When determining bail, Kentucky courts assess several factors. The severity of the charges, the defendant's criminal history, ties to the community, employment status, financial resources, and the potential risk posed to the community are all taken into account.