Legal Question in Criminal Law in Kentucky
Pre trial conference
What happens at a pre trial conference. My daughter was jumped by 3 adults, and she is only 17, and we requested prosecution rather than diversion. Do we need to have witness' supbeoned?
1 Answer from Attorneys
Re: Pre trial conference
A pre-trial conference is a procecdural hearing to determine the status of the case, if any motions are to be heard and if it is still necessary to go to trial. Essentially, in criminal law, a pre-trial conference is any court appearance other than the trial. The prosecution team is in charge. You, or in this case, your daughter, are only witnesses. If any witnesses are to be subpeonaed, the prosecuting attorney does it. You don't. You may check to see if the prosecuting attorney has the names of all of the witnesses, but you don't participate directly as you would in a civil matter. Ultimately, the law gives the prosecutor complete descretion as to how to handle the matter. He or she will consult you and will try to go along with your wishes but in the end, the decision rests with the prosecuting attorney. Consult with him/her for information as to what is needed and to keep up with how the case is going.
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