Once a criminal defendant has been formally charged with crimes, there are still more steps before a trial may begin. The defendant will likely have to appear in court several times before reaching the trial stage – these appearances are often referred to as pre-trial conferences, but each local jurisdiction has its own unique practices and the terminology used is likely to vary.

Generally, these pre-trial conferences/appearances are status updates. Each party – the prosecutor, the defense attorney, the defendant – will appear before the judge. If the appearance does not result in a resolution (i.e., a plea or dismissal) or the commencement of trial, the case will be continued, meaning the parties are given a new date to appear. There are many reasons why a judge will grant a continuance (i.e., postponement, delay) – additional plea negotiations, discovery, additional investigation, etc. – and a case may have several continuances before it is resolved or a trial begins. For many of these pre-trial conferences/appearances, victims are not required to be present in court. However, courtroom proceedings are public and victims should feel empowered to attend if they wish. Additionally, victims are entitled to updates from the prosecution about what occurs in the case (explained in Module 3).

Continuances are very hard on victims. Each time an appearance approaches they must prepare themselves to appear/testify which can be emotionally taxing. Continuances are sometimes used as a tactic to delay the criminal proceedings. From the defense perspective, continuances can be favorable in order to delay the possible consequences for their client (e.g., prison) or to hope the victim (or important witnesses) become frustrated by the length of the process and give up. But there are many reasons why continuances are necessary to ensure the process is carried out properly.

There are many steps that must be completed before a trial can begin in order to ensure defendants are afforded their constitutional rights. It is in all parties’ interests to ensure the criminal justice process is carried out in a way that protects these constitutional rights. In the event that such a right is violated during the process, any conviction that resulted could be overturned on appeal.

This could mean a new trial and the victim having to live through the criminal justice process all over again.

The following pages explain the steps that take place between the filing of formal charges and a resolution or trial.