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.
Where It Happens
Judicial pretrials aren’t held in open court. They take place in the judge’s chambers or a private conference room—off the record, and out of public view. The setting is quieter than a courtroom, but the decisions coming out of that room can shape your entire case.
Who’s in the Room—and Who Isn’t
You won’t be in the meeting itself. In Connecticut, clients wait outside while the judge, prosecutor, and defense lawyer talk. That means your lawyer is your voice in the room, which is why preparation and trust matter so much.
What Actually Happens
The prosecutor lays out the state’s version first—what the police report says, any prior record, victim concerns, and how serious they think the case is. Then I respond for you. I explain the other side of the story, point out evidentiary issues or defenses, and—just as important—show who you are beyond a case number. This is where I hand the judge a clean, organized mitigation packet with character letters, proof of work or school, any counseling or treatment you’ve started, and steps you’ve taken to make things right. After hearing both sides, the judge gives a realistic “number”: what the court would accept if you chose to resolve the case now. I come back out of chambers, explain the options, and we decide together. Nothing is forced on you.
What You Can Expect on JPT Day (Step-by-Step)
- I go into chambers with the prosecutor; you wait nearby.
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We discuss the case with the judge; mitigation goes directly into the judge’s hands.
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I return to you with the court’s “number” and conditions.
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We talk privately, decide whether to accept, counter, or keep negotiating.
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If no agreement, we set the next steps (motions, further negotiations, or trial prep).
How to Make Your Mitigation Packet Strong
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Character letters from employers, teachers, clergy, family (specifics beat fluff).
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Proof of treatment or counseling (if relevant) and genuine progress.
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Pay stubs/school records/responsibilities (kids, caregiving, community service).
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Restitution documentation or proof of efforts to make amends.
Do’s and Don’ts the Week Before a JPT
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Do stay arrest-free, sober, and off social media rants.
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Do bring neatly organized documents.
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Do dress respectfully—simple and clean is fine.
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Don’t contact witnesses, the complaining witness, or the detective.
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Don’t make fresh statements to anyone about the facts of the case.
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Don’t assume “it’s just a chat”—JPTs shape outcomes.
Special Notes for Common Case Types
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Family violence: protective orders and treatment steps (e.g., FVEP eligibility) are front and center.
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DUI/OUI: treatment, interlock compliance, and DMV status matter; mitigation should address safety and sobriety.
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Probation violation: compliance history, new progress, and a concrete plan to succeed on supervision carry real weight.
If We Don’t Settle at the JPT
That’s okay. Sometimes the judge’s number is too harsh, the state won’t move enough, or the trial risk is acceptable. We still learn a ton: how the court views the case, what issues matter most, and what to do next—keep negotiating, file motions, or start trial prep. You always keep the right to say “no” and proceed to trial.
Frequently Asked Questions (FAQ)
Do I have to appear in court on JPT day?
Yes. You must appear, but you won’t go into chambers. I attend the JPT and then review everything with you right away.
Will I be punished for rejecting the judge’s offer?
You always have the right to a trial. Sentencing after trial considers many factors; we’ll go over risk vs. reward before you make any decision. It is often the case that a sentence you will receive if you are convicted after a trial will be more than what the Court offers you before a trial.
Can the judge dismiss a case at a JPT?
Sometimes. Strong mitigation or legal issues can lead to a nolle or a program that positions the case for dismissal. It’s fact-specific.
Is what’s said in a JPT “on the record”?
No, it’s off the record and settlement-focused. Still, we treat the discussion professionally and strategically.
Will the victim be in the room?
No. The judge, prosecutor, and defense counsel attend. Victim input is relayed to the court by the prosecutor and considered by the court.
Do I need a mitigation packet if I’m “just going to trial”?
Yes. Even if we head to trial, mitigation can improve conditions, influence offers, and help with outcomes if circumstances change.
Can the judge change the number later?
Possibly. If facts shift (new mitigation, restitution, treatment progress), we can sometimes revisit the number.
What if I need more time to gather documents?
We can ask for a short continuance when it helps the court see the whole picture. Better to present strong materials than rush.
Will the same judge sentence me if I accept?
Often yes, but not always. We’ll clarify who would handle the plea and sentencing in your specific courthouse.
Can I switch lawyers before a JPT?
Yes, you can switch criminal defense lawyers at any time.
Talk to a Connecticut Criminal Lawyer About Your JPT
A judicial pretrial is a turning point. With careful preparation and the right advocacy, it can shorten the case, narrow the risk, and protect your record. I’ve spent decades negotiating JPTs across Connecticut and building mitigation that actually lands. If you have a JPT coming up—or just want a clear plan—call me, Allan F. Friedman, Criminal Lawyer, at (203) 357-5555 or use our online contact form for a confidential consultation. We’ll go over your options in plain English and set you up to make the smartest move for your future.