This is the first appearance before a magistrate or Judge
within a reasonable period of time.
You will be informed of the charges against you, which
are stated in a document called a “complaint”
You will be informed of your constitutional rights.
The bail/bail-amount may be argued at this time.
Preliminary Hearing
This is an evidentiary hearing to determine whether there
is probable cause to hold the defendant to answer for trial.
The prosecution presents witness testimony and the defense
has the opportunity to cross-examine and to challenge the
evidence presented by the prosecution or to call witnesses
and to present evidence of its own.
Information
Within 15 days of the preliminary hearing, the prosecution
files a charging document called an “information”
which states the charges for which the defendant was held
to answer at the preliminary hearing.
Arraignment
The defendant pleads not guilty to the charges in the information
and a pretrial conference and/or trial date is set.
Pretrial Conferences
At these conferences, the prosecution and defense negotiate
to see if they can arrive at a settlement for the case, called
a “plea bargain.” Sometimes, the Judge may become
involved in the negotiation process. If the pretrial conferences
are unsuccessful, then a trial date will be set.
Plea and Sentencing
If an acceptable plea bargain is negotiated, then the defendant
will enter a “no contest” or “guilty plea”
to the agreed upon charges, and will be sentenced according
to the agreed upon terMs. and conditions. If there have been
no previous requests for a pre-plea or probation report, then
sentencing may be briefly continued until the Court is able
to obtain such a report.
Pretrial Motions
There are sometimes hearings prior to the commencement of
trial where pretrial motions are argued regarding evidentiary
issues. Such motions vary greatly depending on the nature
and circuMs.tances of the case and may not be necessary in
all cases.
Jury Trial
Defendants accused of felony and misdemeanors alike have
the constitutional right to a jury trial. At trial, the government
must prove each element of each charge beyond a reasonable
doubt. The defendant has the right to present evidence on
his/her behalf and to cross-examine and challenge all the
prosecution’s evidence.
Se habla español. Llame al numero 888.445.6313
Su primera consulta es gratis.
Nous parlons français.
Téléphonez au 888.445.6313 aujourd'hui.
Votre première consultation est gratuite.
