Criminal Defense
Since 1993
Since 1993
What Happens at a Pretrial Conference in Florida? An Orlando Attorney Explains
By: John Guidry II
Have you seen a “Pretrial Conference” listed on your court papers and are wondering what it means for your case? My name is John Guidry, and after 32 years in Orlando’s courtrooms, I can tell you it’s one of the most misunderstood events in the criminal justice process.
A pretrial conference is not a trial. It is simply a brief status update between your attorney, the prosecutor, and the judge. While these hearings can seem chaotic and last for hours, the actual purpose is very simple.
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[The Only Three Words That Matter: Plea, Trial, or Continuance
At its core, a pretrial conference is designed to answer one question from the judge: “What is the status of this case?” An experienced attorney knows to answer with one of three simple statements:
- Set for Trial: “Judge, we’re ready to proceed. Please give us a date to pick a jury.”
- Enter a Plea: “Judge, the case is resolved. We need a date for a formal plea hearing.”
- Request a Continuance: “Judge, we need more time.” This is usually because we are waiting for evidence from the State or still need to conduct depositions. We ask for a new pretrial date a month or two in the future.
That’s it. A good attorney knows the judge just wants to hear one of those three outcomes.
A View from the Courtroom: I once practiced in front of a famous local judge who got straight to the point. He had a poster in his courtroom that warned attorneys: “When you reach this podium, you get to say three things and three things only: Trial, Plea, or Continuance.” If you started to ramble, he would simply point to the poster. It was a masterclass in efficiency and a perfect illustration of a pretrial’s true purpose. And even though I enjoy efficiency, I was pleasantly surprised the other day by Orange County Circuit Judge Barbara Leach, who asked each of us to first announce what our first job was, and then tell her about the case. Her pretrial was still efficient, and I learned a lot about my fellow defense attorneys. My first job was at a fast food burger place inside of Six Flags over Mid America (St. Louis).
Do You Need to Attend Your Pretrial Conference?
This is a critical question I review with every client. In the vast majority of cases, the answer is no, you do not need to attend. But you may only skip pretrial with the blessings of your attorney!
Here’s why:
- Attorneys Only: Most judges in Central Florida prefer that clients do not attend and hold these conferences in chambers or with only the lawyers present.
- Waiver of Appearance: For nearly all my clients, I file a legal document called a “Waiver of My Client’s Appearance at Pretrial.” This officially excuses you from attending.
- It’s Long and Boring: Frankly, these hearings can take hours as the judge goes through dozens or even hundreds of cases. Your presence is simply not necessary for the brief update your case requires.
Always confirm with your attorney, but you should generally not plan on attending your pretrial conference unless you are specifically asked to be there.
An Efficient Attorney Makes All the Difference
The goal of a pretrial conference is to update the judge and move your case forward strategically. Having an attorney who understands courtroom etiquette, respects the judge’s time, and can communicate the status of your case clearly and concisely is essential. It’s a key part of building the credibility needed to achieve the best possible outcome for you.
As a defense attorney focused on Orange, Seminole, Osceola, Lake, Volusia and Brevard counties, I handle these conferences so you don’t have to. My guess is that you don’t need to be at pretrial.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.