A Criminal Defense Attorney’s Perspective on Why Silence Protects You

As a criminal defense attorney, one of the most common—and dangerous—misconceptions I encounter is the belief that innocence is its own defense during a police investigation. Clients frequently ask, “Attorney Friedman, I didn’t do anything wrong. Shouldn’t I just explain the situation to them?”

While the instinct to cooperate and demonstrate you have nothing to hide is entirely natural, the legal reality is starkly different. Speaking to law enforcement when you are innocent is often exactly how criminal cases are built against you.

When your docket in your Connecticut criminal case says “Judicial Pretrial” (or “JPT”), it can feel mysterious and high-stakes. Clients ask me all the time: What actually happens? Do I have to go? Here’s the plain-English version.

What a Judicial Pretrial Really Is

Think of a JPT as a focused settlement meeting for your case. It’s usually the best chance to negotiate a fair outcome before trial—directly with the judge who would handle the case. No witnesses, no testimony, no jury. Just a candid conversation about the facts, the risk of trial, your background, and what a reasonable resolution could look like.  You only get an opportunity to have a JPT after you reject the State’s offer of settlement.  Once you reject the State’s Attorney’s offer, it is usually not put back on the table.  At JPT, the Judge will make a Court’s offer which you are free to accept or reject.  If you reject the Court’s offer, your case will be placed on the jury list, and you will have a trial.  Generally, if you reject the Court’s offer and are convicted by the jury, you will get more jail time than the Court’s offer – this is what is known as the trial tax.