What is a Pretrial?

Most of us have no experience with the justice system. While most people will never step foot into a courtroom, when the unexpected happens, you may wish that you had some knowledge of the legal process.

There are many stages leading up to a trial, known as the pretrial process. The pretrial process is an opportunity for both sides to resolve the case before proceeding to trial.

If you are facing criminal charges, do not hesitate to reach out to our California criminal defense lawyers. We can help negotiate a plea bargain or prepare you for trial if an agreement cannot be reached.

Arraignment Process

After being arrested, you may have the opportunity to be released from jail if you pay the court a certain sum of money (known as bail). Even if you are released from custody, you will be required to appear in court for your arraignment.

At the arraignment, a judge will read the charges brought against you. You will also be made aware of your constitutional rights, like your right to hire counsel. You will then be given the opportunity to enter a plea. Generally, you can plead not guilty, guilty, or nolo contendere.

Guilty and Nolo Contendere Pleas

If you enter a guilty plea, then you are admitting that you committed the crime. You will be convicted, and the judge will schedule a sentencing hearing. The same applies if you enter a nolo contendere plea. Translating as “no contest,” a nolo contendere plea is similar to a guilty plea, except that you protect yourself from being sued civilly for the same matter later on.

Not Guilty Plea

If you plead not guilty, then your defense attorney and the prosecutor will begin preparing for trial. A not guilty plea says that you did not commit the crime, forcing the state to prove their case beyond a reasonable doubt. Pleading not guilty begins the pretrial process.

Discovery Process

Discovery is the process of both sides exchanging information. Discovery will take place at separate times in misdemeanor and felony cases. In a misdemeanor case, discovery will take place directly following the arraignment.

In a felony case, a preliminary hearing will take place before discovery. At this hearing, a judge will examine the evidence to determine if there is sufficient evidence to proceed to trial. If there is, the defendant will enter a second plea at this time. At this time, discovery will begin.

Pretrial Motions

During this pretrial process, either party can file pre-trial motions. A motion is asking a judge to rule on an issue. The most common pretrial motions are:

• Motion to Dismiss (California Penal Code 995 PC): This is requesting that the court dismiss your criminal charges. This motion may be granted if there is not enough evidence in your case to establish probable cause prior to trial.
• Motion to Suppress Evidence (California Penal Code 1538.5 PC): This is requesting the court to suppress evidence, usually as a result of an unlawful search and seizure.
• Motion for Change of Venue (California Penal Code 1033 PC): If our California criminal defense lawyers believe that you will not be granted an impartial or fair trial in your current location, we will request that your trial take place in a different county.

Pretrial Conference

If both the defense and prosecution cannot come to an agreement, then a pretrial conference will be scheduled. A pretrial conference, also known as a settlement conference, is one last chance for both the defense attorney and prosecutor to discuss reaching a settlement agreement.

Both parties may agree to a plea deal, which will allow the case to be settled without having to go to trial in exchange for the defendant pleading guilty.

Contact a California Criminal Defense Lawyer Today

When your freedom is at stake, you need a criminal defense lawyer you can count on. At Bamieh & De Smeth, we will help you achieve the best possible outcome in your case. Contact us today online or by calling 805-643-5555 to schedule your free case evaluation.