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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.

What Victims Should Know About Drunk Driving Injury Lawsuits in Iowa and Nebraska

By Robert Stahle • July 28, 2025
Including Dram Shop Liability

Drunk Driving Accidents & Nebraska Dram Shop Laws:

By Robert Stahle • July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.