If you are facing misdemeanor charges in California, it is important that you understand how the legal process works. Oakland misdemeanor lawyer Stephani Prieto explains these cases and goes through the lifecycle of a misdemeanor case. Specifically, Stephani highlights what happens pre-trial and during trial.
If you are facing misdemeanor charges in California, the Oakland misdemeanor attorneys at The Nieves Law Firm may be able to help. Contact an Oakland misdemeanor lawyer on our team today to schedule a free consultation to see how we can help you fight your charges.
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===Transcript===
" Hi, my name is Stephanie Prieto. I'm an attorney here at the Nieves Law Firm and today we're going to be talking about what occurs during a misdemeanor case in California. A misdemeanor case can be split up in essentially two phases, the pre-trial phase and the trial phase. Oftentimes during the pre-trial phase, this is where the groundwork is laid for the trial phase. If that groundwork is laid appropriately, then the case will likely not make it to trial and it may result in a dismissal or a further resolution that is reasonable to the parties. During arraignment, this is the first time that someone is before a judge and is entering a plea of guilty or not guilty. During this time, you are also may be presented with an offer and considering whether to resolve your case at arraignment. Oftentimes someone enters a plea of not guilty and then the case continues on. Additionally, during this time, you have to make a decision of whether to proceed your case with a time waiver or to proceed time not waived. When you are arraigned, you have 45 days from that date of arraignment if you are out of custody to be brought to trial by the state. If you are in custody, that goes down to 30 days. And this tracks because if you are in custody, you likely want your case to move faster. You have less liberties than someone that is out of custody. After that, the matter will be set for a pre-trial conference. What occurs during these pre-trial conferences is further investigation, discovery exchanges, and negotiation. This is a time where both the defense and the prosecution are determining the strength of the case, whether this case is a dismissal, are there other sort of resolutions that can be reached, or whether there are holes in the case and so it should be dismissed. These pre-trial conference dates are essentially checkpoints that then get you to trial. This is also the time where if there are viable collateral motions, the defense can submit them, such as 1538s, demurs, you have other motions such as diversion motions, and all of these can be occurring during the pre-trial conference phase. Once you've made it past the pre-trial conference phase and you have been set for trial, then you essentially move on to what most people see as a pre-trial conference. The pre-trial conference is a pre-trial conference where you have a general idea about the case, which is you have a prosecutor, a defense, and then you also have 12 impartial jurors who then get to decide whether the prosecution proved their case beyond a reasonable doubt, and they can determine whether you're found guilty or not guilty. If you have any further questions regarding this topic or other topics, don't hesitate to give us a call. Thank you."
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