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Pre-trial diversion allows some people charged with crimes to escape a criminal prosecution and have the case dismissed, as long as they complete a required program. Although not everyone is eligible, it is critical to find a Massachusetts criminal defense lawyer to request pretrial diversion if you are eligible.
In most family law disputes, the court assigns a date for a Pretrial Conference. This is a critical hearing that allows the court to determine which issues will be most important at trial and gives the parties an opportunity to settle some or all disputes in their family law matter.
A TRC is a hearing where the attorneys appear in court, exchange discovery (information about the case), and may try to negotiate a disposition of the case. If the attorneys cannot agree to a guilty plea they set a trial date. A TRC could take place several times prior to trial.
The Pretrial Conference is a hearing scheduled by the court midway through a divorce (i.e. between 4 and 12 months after a complaint for divorce is filed) at which time the presiding judge determines if the case is likely to settle or go to trial, along with the legal and procedural issues that may be preventing ...
Common pre-trial motions include: Motion to Dismiss ? an attempt to get the judge to dismiss a charge or the case. ... Motion to Suppress ? an attempt to keep certain statements or evidence from being introduced as evidence. ... Motion for Change of Venue ? may be made for various reasons including pre-trial publicity.
You, or your lawyer, and the prosecutor exchange information about the case. This is called discovery. During the pre-trial conference, either side can file or set a date for filing motions, including a motion to dismiss the complaint or to prevent certain evidence from being used at trial.
Generally, diversion programs are for non-violent misdemeanors. If the criminal charge is for a violent or a serious crime, like a felony offense, courts tend to think that it is too much of a risk to release you to a diversion program. Many pretrial diversion programs involve counseling and treatment.