Oftentimes, we’re asked “can you go to jail at a preliminary hearing?” Although, it’s possible for you to go to jail at a pretrial hearing, it’s unlikely. The purpose of a pretrial hearing is to gather information and discuss your case. We may be able to arrange a plea agreement that is acceptable to you. What happens at a pretrial hearing is we negotiate with the prosecution and exchange discovery. This phase generally does not involve being taken into custody.
There are some circumstances that could land you in jail, however. These situations are things that happen outside of the pretrial conference itself. Typically, the things that could cause you to be taken into custody include:
Violations of pretrial conditions of release;
Picking up a new criminal charge; and
Having bail returned to the surety.
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