pretrial lineup

A pretrial lineup is a procedure where law enforcement places an alleged criminal offender in a line with several other stand-in individuals in order to allow a witness or victim an opportunity to identify the alleged offender. The victim/witness should be told that the perpetrator may or may not be present in the lineup to avoid pressuring them into choosing someone.

Though a pretrial lineup occurs before the trial, the live lineup is considered a critical stage of the prosecution, which gives the defendant the right to have counsel present in order to ensure the procedure is not unnecessarily suggestive.

For additional information, see: Amendment 6 of the U.S. Constitution Annotated, Section 5.10.3.5 Lineups and Other Identification Situations.

[Last reviewed in August of 2026 by the Wex Definitions Team]

Wex