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What's Involved in Pre-Trial Preparation?

Robert Stahle • May 6, 2021
A wooden judge 's gavel is sitting on a white surface.

While many people may assume that the majority of the action during a criminal court case occurs during the trial, the fact is that the vast majority, around 90%, of criminal cases are disposed of by guilty pleas rather than trials. Most of these guilty pleas occur as a result of an agreement between the prosecution and the defense. All of this activity occurs in a timeframe known as the pre-trial process.

Here at Fitch & Stahle Law Office, our criminal defense attorneys know when it is best to take your case to a trial and when to settle for a plea bargain. No matter which route you end up choosing, we will stand by your side throughout the trial to get you the best possible result.

Bringing the Charge

The first step that is involved in pre-trial preparation is bringing criminal charges against a person in one of three ways:

  1. Through an indictment voted on by a grand jury
  2. Through the filing of information by the prosecuting attorney alleging that a crime was committed. Sometimes charges are pressed through the filing of a criminal complaint by another individual.
  3. Through a citation by a police officer for minor traffic offenses and similar charges.

Reviewing the Charge

Once the prosecutor has decided to bring forth charges in wrongful death cases or other cases, the next step is the reviewing. Before the case is transferred to a trial court, a judge in the lower court reviews the complaint and determines whether there are legal grounds to support the arrest. If the judge finds that the facts presented establish probable cause, they set a date for the defendant’s first appearance in court.

Pre-Trial Court Appearances

While the pre-trial court appearances do differ from state to state, they can be generalized as follows.


  • The charge is read to the defendant and the penalties are explained
  • The defendant is advised of his or her legal right to trial by jury if desired
  • The right to counsel is explained, and the judge appoints a lawyer and is found to be too poor to afford a private one
  • The defendant enters a plea. At this point, if a not guilty plea is entered, a trial date is set. On the other hand, a guilty plea leads to a date being set for sentencing, or the judge will impose probation, fines, or other sentences.

Bail

The amount of bail is often set during the pre-trial process. Traditionally, bail has consisted of cash or other property that a defendant deposits with the court to be released from custody. If the defendant skips bail, the cash or property is forfeited to the government.

Sioux City Criminal Defense Attorney

Now that you have an idea of how the pre-trial procedures work, you likely understand why it is so important to hire a professional attorney to represent you in court. If you are facing charges, contact our lawyers at (402) 494-3012.

By Robert Stahle October 30, 2025
A Guide for Grieving Families
By Robert Stahle October 22, 2025
A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.