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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.

Injured in an Accident?

By Robert Stahle • September 5, 2025
Why You Need a Personal Injury Lawyer

Know Your Rights:

By Robert Stahle • August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.