A criminal pre-trial hearing is a scheduled court appearance that takes place after your initial appearance or arraignment. In both Wyoming and
Both states handle pre-trial matters under their respective rules of criminal procedure—Wyoming Rules of Criminal Procedure and South Dakota Codified Laws—which outline deadlines, discovery obligations, and motion requirements.
Multiple pre-trial hearings are common in both states, especially when complex issues like evidence suppression, expert testimony, or constitutional challenges are involved.
What Is the Purpose of a Criminal Pre-Trial?
Pre-trial hearings help the judge understand the legal and factual issues in the case. At the first pre-trial conference, the judge will typically:
- Set the case schedule (future hearings, motion deadlines, trial dates)
- Address any discovery issues
- Clarify whether the case may involve a plea negotiation or will likely proceed to trial
Narrowing Legal Issues
Judges in Wyoming and South Dakota use pre-trials to determine what evidence will be allowed at trial—for example, whether a search was legal or whether a statement was voluntary. Prosecutors may also choose to reduce or dismiss charges if evidence is weak or key evidence is suppressed.
Typical Issues Raised at Pre-Trials
Your defense attorney may use the pre-trial process to address:
- Illegal searches or seizures under the Wyoming or South Dakota constitutions
- Speedy trial rights, which differ slightly between the two states
- Discovery disputes
- Requests for evidence testing (blood tests, forensic downloads, dash/body-cam footage)
- Plea negotiations
Judges will also hear and decide pre-trial motions, such as:
- Bail or bond modification hearings
- Motions to suppress evidence
- Requests to change venue (often in small counties with limited jury pools)
- Discovery motions
What Happens at a Pre-Trial Hearing?
During a pre-trial, the defense attorney, prosecutor, and judge typically meet to:
- Discuss strengths and weaknesses of the case
- Exchange or confirm discovery
- Address pending motions
- Explore plea deals
In Wyoming and South Dakota, these conferences may occur in open court or in a judge’s chambers depending on the county and the formality of the proceeding.
Hearings on Motions to Suppress Evidence
Motions to suppress are frequently litigated in both states, especially in cases involving traffic stops, DUI arrests, warrantless searches, and interrogations.
Common grounds for suppression include:
- Evidence obtained without probable cause
- Illegal vehicle stops
- Warrantless searches of homes, vehicles, or digital devices
- Violations of Miranda rights
- Unreliable field sobriety testing
If evidence is suppressed, it cannot be used at trial. In smaller Wyoming and South Dakota counties, suppression of even a single piece of evidence (for example, a chemical test result) can determine whether the prosecutor continues or dismisses the case.
Evaluate the Strengths and Weaknesses of the Case
Pre-trial is also the stage where each side reassesses its position. If the defense demonstrates that the prosecution’s case is weak or that key evidence may be excluded, prosecutors in both Wyoming and South Dakota are more likely to negotiate a favorable plea or dismiss charges.
Hearings on Speedy Trial Rights
Wyoming
Wyoming follows a 180-day rule from arraignment to trial unless the defendant waives time or delays are justified.
South Dakota
South Dakota’s speedy trial rule generally requires trial within 180 days from the date of arrest, with some exceptions for continuances.
Your lawyer may recommend waiving speedy trial strategically—if additional time is needed to investigate or negotiate—or refusing to waive, which can pressure the prosecution.
Exchanging Discovery
Discovery rules differ slightly between the states, but both require prosecutors to turn over:
- Witness names and addresses
- Police reports
- Seized physical evidence
- Expert witness reports
- Exculpatory evidence (anything that helps the defense)
The defense must provide certain disclosures as well, including witness lists and expert reports.
If the parties disagree about what must be exchanged, a discovery motion is filed and heard at a pre-trial conference.
Plea Bargaining
Plea bargaining is common in Wyoming and South Dakota, especially in counties with heavy caseloads and limited resources.
A plea deal may involve:
- Negotiating reduced charges
- Agreements about recommended sentencing
- Discussions about avoiding jail time
- Adjustments to probation, fines, treatment requirements, or license consequences
Your defense attorney will advise you on whether a plea bargain or trial is in your best interest based on local practices and the prosecutor’s tendencies in your specific county.
Charged with a Crime in Wyoming or South Dakota?
Just Criminal Law is here to protect your rights and guide you through every stage of the process—from your arrest to your pre-trial hearings to trial.
Our Legal Team, led by Christina L. Williams, focuses exclusively on criminal defense in Wyoming and South Dakota. We know the local courts, prosecutors, and procedures—and we know how to strategically use the pre-trial process to protect your future.
Learn more about the cases we handle, why clients trust us, and contact us today for a personalized case review and strategy session.
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