What is a pre-trial and what happens there?

Question

I want to know because I have a friend who is going there because he did assault and battery with dangerous weapon (bike) so like he is going to jail even though this is his first offence

Answer 1

A pre-trial is a hearing where the attorney will ask the court to decide whether or not he is entitled to having his pretrial motions granted.

Pretrial motions might include motion to suppress evidence, motions for discovery, motions to quash indictment, motions to exclude testimony of certain witnesses, motions to take the deposition of the complaining witnesses, or anything that the attorney wants to have ironed out before the trial, when it would be too late.

If your friend is charged with a crime it is not necessarily true he is going to jail.  First he must be convicted, which requires that the state have legally admissible evidence to use at his trial.  The attorney will review the evidence if the state allows it, and make a decision whether or not the defendant should enter into a plea bargain agreement with the state.  If he agrees to plead guilty he might be able to do that at the time set for the pre-trial.

If he is convicted, either at trial, or by plea agreement, it is still unlikely he will go to jail if it is his first offense, he will likely be placed on probation.  If the injuries are really bad, he might have to go to jail, but usually he will get probation and be required to pay for the medical treatment.  

But then, he is your friend, so if you think he is going to jail, it might be because he is not going to be a good candidate for probation.

Answer 2

addresses all the charges from both sides.

Answer 3

Lawyer stuff. What should be admitted as evidence, schedule the court date, etc. Your friend's lawyer and the prosecutor will probably also discuss settlement. This is where the prosecutor offers to have the defendant plead guilty to a lesser charge. This is good for the prosecution because they don't have to spend money for a trial. It is also good for the defendant, because he will have a smaller punishment. Your friend's lawyer will advise him whether or not to accept the settlement.

Answer 4

From a lawyer.  A preliminary trial hearing can be requested by the defense and it's purpose is to require the state to put forth evidence and a witness or two to show the court that they can present a Priam facie case at trial.  In other words, that their case has at least a passing grade like a C-.  The court doesn't have to grant a preliminary trial.  It's an advantage to the defense to get a preliminary trial so they can see what kind of case the prosecution has and gives them an opportunity to cross-examine some of their witnesses before trial.