Following the arraignment in a criminal case, the process can vary depending
on the charges and the plea that was made by the defendant. When the defendant
pleads not guilty in a misdemeanor case, the discovery period will take
place. This is when the defense and prosecution exchange information that
relates to the case.
Next, both sides can file pretrial motions if they choice and they also
have the option for seeking a dismissal of the case or to have certain
evidence not used at trial. The defendant also has the option of changing
their plea at this time if they choose to do so. Lastly, the lawyers and
the judge may work together to see if there is a way that the case can
be resolved without having to go to trial.
If a case is not settled or dismissed for a felony, a preliminary hearing
may be held by the judge. At this point they want to hear the evidence
and see if there is enough evidence for a trial to take place. If there
is then the prosecutor will need to file the Information. A second arraignment
will take place and the defendant will again be asked how they plead.
As in a misdemeanor case, the prosecution and defense will also exchange
information during the discovery period. If they wish, pretrial motions
can be filed, they can seek to have the case dismissed, they can attempt
to have evidence removed from trial and the defendant can change their
plea. The judge and the lawyers will also talk to see if there is a way
that they can avoid having the case go to trial. Find out more about the
criminal process or
retain a San Bernardino, CA criminal lawyer if you have been charged for a crime.