Skip to main content

What happens at a pretrial for a gross misdemeanor?

Seattle, WA |

If you agree to a plea deal at the pretrial do you have to pay your dues/go to jail immediately at the pretrial?

Attorney Answers 4


  1. Best answer

    Hello, the pretrial hearing is an opportunity for you or your attorney to speak with the prosecutor about your case and try to negotiate a resolution. In most cases, if you enter into a plea, the judge will give you time to complete certain conditions (like get an alcohol/drug evaluation, complete community service, or pay the fine). The judge will also usually give you a report to jail date to serve your time so that you do not have to be taken into custody that day. Each court is different (and it also depends on the charge and your history), so I would recommend speaking to an attorney before you plead guilty to anything. Best of Luck.


  2. Typically, no. It will usually depend on what your counsel (assuming you have an attorney) has negotiated for you. If there is jail involved, most often a jail check-in date, or "commitment" can be set a few weeks out. Courts usually like fines to be paid within 60 days, but most will have a payment plan or refer you to a credit agency if you need longer than that.
    These are great questions for your attorney. If you don't have one, you need to get one. Then maybe you wouldn't be pleading guilty in the first place.


  3. Typically at a pretrial hearing/conference, an offer is conveyed to the defendant, through counsel. The defendant can accept or decline the offer. Often additional investigation or negotiations might happen. In the event that the defendant choses to accept the offer, the plea and sentence may be set over, or it may occur at that pretrial hearing. If the defendant enters into the resolution at that pretrial, the judge may accept or may not accept the proposed recommendation by the parties. So, it is possible that one could go to jail at the time the defendant enters a plea, or other resolution. A derfendant should talk to his attorney about the judge and prosecutor and see what the judge's history is for following the recommendation. Typicall costs and fines can be paid in installments. Good luck.


  4. Generally at a pre-trial, iif your attorney has not received an offer from the prosecutor prior to that, he or she will receive it at the Pre-trial. Its purpose is primarily for each party to engage in exchanges of information and negotiating. At the pre-trial several things can happen. 1) The parties can agree to disagree and motions and a trial is set; 2) One or both of the sides needs to either obtain or provide additional information (interview witnesses, alcohol drug evaluation etc) or needs time to consider an offer and the pre-trial is continued out for further negotiations or discovery purposes; 3) An offer is accepted (i.e.the charge is either dismissed reduced or defendant decides to plea as charged) and a plea is either entered at that time, or a plea date is set at a later time. If a plea is made, the sentencing can either occur at the same time, or it is set over to a later date. Usually, at sentencing, if jail time is contemplated, the defendant usually doesn't report right to jail unless its agreed upon. Usually the judge gives the defendant time to report to jail (ofter 15 - 30 days), unless they have a long criminal history etc. , then sometimes the judge might place the defendant directly in jail. Your attorney should have a pretty good idea as to the likelihood of that happening.

    Responses to questions on AVVO does not establish an attorney -client relationship.

Criminal defense topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics