What is a pretrial hearing in California?

What is a pretrial hearing in California?

A Pretrial Conference is a court appearance in a misdemeanor criminal case which is set at the Arraignment in a California criminal case. The Pretrial Conference is where the Judge, Prosecutor and Defense Attorney discuss the charges against the accused and the possibility of settling the case without a Trial.

What happens at a pre preliminary hearing in California?

At a preliminary hearing, the prosecutor only has to establish probable cause against the defendant. At a preliminary hearing, their burden is only to show probable cause that the defendant committed the charged offense.

What is the purpose of a pretrial hearing?

A pretrial hearing, sometimes called a pretrial conference, is a meeting of the defense, the prosecution, and the judge before a trial commences. If one party does not appear, the judge can impose sanctions. During this hearing, a range of documents may be presented, evidence can be presented and excluded, and more.

What happens at a preliminary hearing in a criminal case?

The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses. If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled.

How long do pre trials last?

Preliminary hearings are much shorter than trials. A typical preliminary hearing may take from a half-hour to two hours, while some only last a few minutes. Trials can last hours, days, or weeks. No jury.

What are the most common methods for criminal court cases to be dismissed in pre-trial procedures?

Common pre-trial motions include:

  • Motion to Dismiss – an attempt to get the judge to dismiss a charge or the case.
  • Motion to Suppress – an attempt to keep certain statements or evidence from being introduced as evidence.
  • Motion for Change of Venue – may be made for various reasons including pre-trial publicity.

What’s the difference between a pre trial and a preliminary hearing?

The two biggest differences between a preliminary hearing and a trial are: The finder of fact in a preliminary hearing is a judge rather than a jury of twelve in a trial; and. the burden of proof in a preliminary hearing is much lower than at trial (more below).

How long does it take for a felony case to go to trial California?

within 60 days
in felony cases, a defendant has the right to go to trial within 60 days of his arraignment.

What exactly is being determined in preliminary investigation?

A preliminary investigation is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof and should be held for trial.

What happens after a preliminary hearing in California?

After hearing evidence and arguments from the defense attorney and prosecutor, the magistrate will: decide whether to hold the defendant to answer for trial, OR. reduce some or all of the charges to misdemeanors, OR. discharge the accused and dismiss the complaint.

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