Criminal Law Center Contents. Related Areas. Justia Criminal Law Center Working with a Criminal Lawyer Making Decisions With Your Criminal Lawyer Making Decisions With Your Criminal Lawyer. Communications Regarding Plea Bargaining A criminal defendant has the final say on whether or not to accept or propose a plea bargain.

Criminal Law Center. Aggravating and Mitigating Factors in Criminal Sentencing Law. Bail, Bonds, and Relevant Legal Concerns. Restitution for Victims in Criminal Law.

Plea Bargains in Criminal Law Cases. Receiving Immunity for Testimony in a Criminal Law Case. Legal Classification of Criminal Offenses. Alcohol Crimes Under the Law. Parole and Probation Law.

Expungement and Sealing of Criminal Records. Offenses Included in Other Crimes Under the Law. The Mental State Requirement in Criminal Law Cases. Derivative Responsibility in Criminal Law Cases. Working with a Criminal Lawyer. Paying for a Private Criminal Lawyer.

Making Decisions With Your Criminal Lawyer. The Duty of Confidentiality for Criminal Lawyers. The Crime-Fraud Exception to the Attorney-Client Privilege.

The Right to Zealous Representation by Your Criminal Lawyer. The Right to Represent Yourself in Criminal Law Proceedings. Domestic Violence Restraining Orders Laws and Forms: State Survey.

Gun Laws: State Survey. Death Penalty Laws: State Survey. Find a Criminal Law Lawyer. Traffic Tickets Legal Center. The court date is called different things. It may be a pretrial conference or a settlement conference. These are times for the lawyers to discuss if they can reach a settlement agreement an agreement to end the case.

The judge may meet with them as well. One common way to settle a case is called a plea agreement, meaning the defendant agrees to plead guilty or no contest in exchange for a certain sentence or some charges being dropped dismissed. Victims can ask to be notified about any agreements.

The defendant's lawyer must tell the defendant about any offers the prosecutor makes. It is the defendant's decision whether to accept any offers. Either side can file a motion. It is the defendant's lawyer's job to make sure their client's rights are protected, so they may file a motion to ask a judge to decide if the government did not follow or is not following the law.

The defense argues that the police violated the defendant's rights during a search of the defendant's home. The defense asks the judge to not allow the prosecutor to use any evidence gathered during the search files a motion to suppress.

At a hearing, the officer who searched the home testifies. The judge listens to testimony and both sides' legal arguments. Then the judge decides if the police violated the defendant's rights.

If so, the judge decides if the prosecutor can use any evidence collected during that search. If charges are felonies, there will generally be a preliminary hearing. The purpose of a preliminary hearing is for a judge to decide if there is enough evidence for the case to move forward.

It is not to decide if someone is guilty. At a preliminary hearing, the prosecution presents the main evidence that supports the charges they filed. The defense will ask the prosecution witnesses questions. The defense can, though often does not, have their own witnesses.

At the end of the hearing, the judge decides if there's enough proof for the case to go to trial. If the judge decides there is enough proof, the defendant is "held to answer. The prosecution then files charges in a document called an Information.

The prosecutor can only include charges that the judge said they had enough proof to move forward with. Then, the defendant will have a second arraignment based on the charges in the Information. They will then get more court dates, including more court dates to try to settle the case and to discuss when to set a trial.

When a trial happens depends on whether the defendant waives time for their trial. A trial must start within 60 days of the arraignment on the Information.

The defendant can waive this. They should get advice from a lawyer before waiving time. If the two sides don't reach an agreement or the judge does not dismiss the charges drop them , then the case moves forward to trial. Judicial Branch of California.

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It's common for a settlement to be reached after discovery, but before trial. Both parties can file pretrial motions, seeking rulings Defendants are in charge of fundamental decisions but that doesn't mean they should obstinately refuse their attorneys' advice Knowing when to take a case to trial or not can mean the difference of freedom or facing many more years in prison

Trial before making a decision - The decision to plead or go to trial depends on the circumstances of your case It's common for a settlement to be reached after discovery, but before trial. Both parties can file pretrial motions, seeking rulings Defendants are in charge of fundamental decisions but that doesn't mean they should obstinately refuse their attorneys' advice Knowing when to take a case to trial or not can mean the difference of freedom or facing many more years in prison

However, when the evidence against you is substantial or the potential penalties are severe, accepting a plea deal can result in reduced charges or a lighter sentence. When facing criminal charges and deciding whether to go to trial, it is crucial to consult with a skilled criminal attorney to explore all available options.

In this informative video, Ms. Gerard emphasizes the importance of feeling heard and having the opportunity to tell your side of the story, as well as how having your day in court can make a difference in your criminal case. Moreover, she discusses a scenario where the offer from the District Attorney may be unreasonable and explains why going to trial might be a viable option to fight for a better outcome.

This video is highly recommended for individuals facing criminal charges and seeking guidance on whether to pursue a trial or accept a plea offer.

One of the primary factors to consider before going to trial is the strength of the prosecution's evidence against you. Prosecutors have the burden of proving your guilt beyond a reasonable doubt. If the evidence against you is weak or unreliable, there may be a higher chance of obtaining a favorable outcome at trial.

However, if the evidence is strong and there is a high likelihood of conviction, it may be more prudent to explore other options, such as negotiating a plea deal.

It is essential to consider the potential penalties and consequences associated with your case. Going to trial can be a lengthy and costly process, and if convicted, you may face more severe penalties than if you had accepted a plea deal.

Factors such as the nature of the crime, your criminal history, and the jurisdiction in which you are being prosecuted can all impact the potential consequences.

It is crucial to consult with an experienced criminal lawyer to understand the potential risks and benefits of going to trial. Your criminal history can also play a significant role in determining whether it is worth it to go to trial.

If you have a prior criminal record, the prosecution may use this against you during trial, potentially leading to harsher penalties if convicted. However, if you have a clean record, going to trial may be a more viable option to clear your name and protect your future.

Public perception and media attention can heavily influence the outcome of a trial. High-profile cases often receive extensive media coverage, which can create bias and make it challenging to find an impartial jury. If your case has garnered significant public attention, it is crucial to consider how this may impact your chances at trial.

Discussing this with your criminal lawyer can help you assess the potential challenges associated with public perception and media scrutiny.

One of the primary reasons individuals choose to go to trial is the desire to have their day in court. Going to trial allows you to present your side of the story, challenge the prosecution's evidence, and assert your innocence.

For many defendants, the opportunity to have their case heard by a jury of their peers is an essential aspect of the criminal justice system. Another reason to go to trial is the possibility of achieving a better outcome than what is offered in a plea deal.

Say you want to agree to a plea deal, but the offer from the District Attorney is unreasonable, perhaps because the DA is overcharging or wants you to plead guilty to multiple charges.

In this type of situation, going to trial may result in a better outcome for you. By presenting a strong defense strategy and challenging the prosecution's case, there is a chance you may get some of the charges dismissed, or obtain a not-guilty verdict or a reduced sentence.

Going to trial can offer defendants the opportunity to fight for their rights and potentially secure a more favorable outcome. Going to trial allows defendants to present a defense strategy aimed at undermining the prosecution's case.

This may involve challenging the credibility of witnesses, introducing evidence that supports your innocence, or arguing that your actions were justified under the law. By presenting a well-crafted defense strategy, defendants can increase their chances of a successful outcome at trial.

In the criminal justice system, individuals are presumed innocent until proven guilty. Going to trial allows defendants to uphold this fundamental principle and force the prosecution to meet the high burden of proof required to secure a conviction.

By asserting your innocence and exercising your right to a fair trial, you can challenge the prosecution's case and assert your constitutional rights. The ultimate goal of going to trial is to secure a not-guilty verdict. By presenting a strong defense and casting doubt on the prosecution's evidence, there is a chance of being acquitted of the charges.

This is a general overview of the laws. Typically, the prosecution gives the defense lawyer the initial discovery at the arraignment. It often includes the police report along with other materials, like photographs or lab reports.

They must continue to share this information as they collect it. The prosecution must give the defense any information it has that would hurt the prosecution's case. This is called exculpatory evidence. In general, this is evidence that might show the defendant is innocent or raises a question about the credibility of a witness.

As a trial date gets closer, the defense must share information about what they plan to use at trial. For example, the names and contact information of witnesses they plan to have, along with any recorded statements or reports from the witness.

Protecting witnesses' information. The defendant's lawyer cannot share the witness' telephone number or address with a defendant, their family, or anyone else unless they work for the lawyer to help on the case like their investigator.

Penal Code section Generally, after the arraignment, the judge will set another court date. The court date is called different things. It may be a pretrial conference or a settlement conference. These are times for the lawyers to discuss if they can reach a settlement agreement an agreement to end the case.

The judge may meet with them as well. One common way to settle a case is called a plea agreement, meaning the defendant agrees to plead guilty or no contest in exchange for a certain sentence or some charges being dropped dismissed.

Victims can ask to be notified about any agreements. The defendant's lawyer must tell the defendant about any offers the prosecutor makes. It is the defendant's decision whether to accept any offers. Either side can file a motion. It is the defendant's lawyer's job to make sure their client's rights are protected, so they may file a motion to ask a judge to decide if the government did not follow or is not following the law.

The defense argues that the police violated the defendant's rights during a search of the defendant's home. The defense asks the judge to not allow the prosecutor to use any evidence gathered during the search files a motion to suppress.

At a hearing, the officer who searched the home testifies. The judge listens to testimony and both sides' legal arguments. Then the judge decides if the police violated the defendant's rights. If so, the judge decides if the prosecutor can use any evidence collected during that search.

If charges are felonies, there will generally be a preliminary hearing. The purpose of a preliminary hearing is for a judge to decide if there is enough evidence for the case to move forward. It is not to decide if someone is guilty. At a preliminary hearing, the prosecution presents the main evidence that supports the charges they filed.

The defense will ask the prosecution witnesses questions. The defense can, though often does not, have their own witnesses. At the end of the hearing, the judge decides if there's enough proof for the case to go to trial.

If the judge decides there is enough proof, the defendant is "held to answer.

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