Omnibus Hearing. I never had a Pretrial Conference after being re-arraigned. The Pretrial Conference was skipped. Is this something my attorney should bring up in court? Or possibly motion for something in my favor due to this?
Often in Pierce County, the Pretrial conference gets rolled into the Omnibus hearing, especially if there is a re-arraignment. I have had that happen before in my cases. The point of the pretrial conference is to make sure the defense attorney has the pertinent discovery (the police reports, lab tests, etc.) and to have some kind of plea negotiation. If your attorney is satisfied that he has everything from the State, and has discussed any possible plea offers (or preserved an opportunity to negotiate at the Omnibus) then you had a pretrial, even though one was not set on the calendar. Discuss with your attorney about what happened and make sure you understand what is going on, because it appears you don't. Bringing a motion to have a PTC would have no practical effect on your case (e.g., you wouldn't "win" anything).
While I have 21 years of legal experience, this answer is for discussion purposes only, and does not establish an attorney-client relationship.
No one knows more about the procedure that has been followed in your case than your current attorney. You should be asking him or her. Any attorney who is not intimately familiar with what has happened so far in your case would just be guessing at what, if anything, could be done about a procedural irregularity.
I'm not seeing an advantage to this. Speedy trial dates aren't affected so I don't see a motion to dismiss. Best case scenario would be the court gives you a pretrial conference I would think.
Sometimes when cases were previously set for trial and charges have been amended, you are re-arraigned. In that case, if a Pretrial conference has taken place, the court doesn't put you back on in that case. So maybe that's what happened?
Anyway, it's always possible I'm missing some nuance or factual detail without the whole picture so make sure to have this conversation with your attorney for sure.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline