What Happens After Arraignment and Before Trial?
A criminal case usually does not jump directly from arraignment to a jury trial.
In between is the pretrial process—the period when the defense obtains and analyzes evidence, investigates the allegations, discusses possible resolutions, files appropriate motions and prepares the case for trial if it cannot be resolved.
For many clients, this is where much of the important work in a criminal case actually happens.
What Is a Pretrial Conference in California?
“Pretrial” generally describes the period after arraignment but before trial. During this period, the attorneys exchange and review discovery, investigate the case, discuss possible resolutions and may ask the judge to decide legal issues through motions and hearings.
A particular court date may be called a pretrial conference, settlement conference, readiness conference or another local term depending on the court and stage of the case.
A California Criminal Case Before Trial
Every case is different, and not every case goes through every stage. But this gives you a useful picture of how a criminal case can move through the pretrial system.
What Actually Happens at Pretrial?
In this video, I walk through the pretrial process using a DUI case as the example.
Although DUI has some specialized issues, the broader workflow applies to many California criminal cases: arraignment, obtaining discovery, reviewing evidence, negotiations, additional court appearances and preparing the matter for resolution or trial.
Pretrial Is More Than Showing Up for Another Court Date
Clients sometimes see several short court appearances and wonder why the case has not been “finished.” The important work often occurs between those appearances.
What Does the Prosecution Actually Have?
Police reports are only the beginning. Depending on the case, discovery may include body-camera footage, dashcam, photographs, laboratory reports, surveillance video, witness statements, dispatch records, text messages and other evidence.
Does the Evidence Hold Up?
The defense can compare reports to video, examine timelines, investigate witnesses, review physical evidence and identify factual gaps or inconsistencies.
Should the Case Resolve or Be Litigated?
A lawyer should evaluate the prosecution's evidence, available defenses, client objectives, possible consequences and realistic resolutions rather than treating every case the same.
What Happens if There Is No Agreement?
When a case cannot appropriately be resolved, the defense must be prepared to litigate motions, conduct hearings and ultimately prepare for trial.
Get the Discovery. Then Read More Than the Police Report.
Discovery is the process through which the prosecution and defense exchange information and evidence as required by law.
Initial discovery is often provided around arraignment, but additional evidence can continue to arrive as the case progresses. A meaningful defense requires determining what exists and what may still be missing.
Does a Pretrial Conference Mean I Have to Take a Plea?
No. A pretrial conference provides an opportunity to discuss possible resolution, but the existence of an offer does not mean the defendant must accept it.
Defense counsel should communicate prosecution offers to the client and explain the relevant consequences and alternatives. The decision whether to accept a plea offer belongs to the defendant.
Pretrial Motions
A motion asks the court to make a ruling. Which motions are appropriate depends entirely on the facts and legal issues in the particular case.
Misdemeanor Cases
After arraignment, a misdemeanor case may have one or more pretrial or settlement conferences while discovery is reviewed and the parties determine whether the case can be resolved.
If it cannot be resolved or dismissed, motions may be litigated and the case can proceed toward trial.
Felony Cases
Felony cases generally include an additional major stage: the preliminary hearing.
At the preliminary hearing, a judge determines whether sufficient evidence exists for the felony case to proceed. It is not the trial, and the judge is not deciding guilt beyond a reasonable doubt.
What Is a Preliminary Hearing?
In a felony prosecution, the preliminary hearing is an important pretrial stage. The prosecution presents evidence and the judge determines whether there is sufficient evidence to hold the defendant to answer on felony charges.
What Should a Defendant Be Doing?
Pretrial is not simply a waiting period. What a client does during this time can matter.
Pretrial Should Have a Purpose
Another court date should not simply mean another continuance. The case should be moving toward an informed decision.
Related California Criminal Court Guides
California Criminal Pretrial FAQs
What happens at a pretrial conference in a California criminal case?
The attorneys may discuss discovery, the status of the investigation, possible settlement, outstanding legal issues and whether the case is ready to proceed. What occurs at a particular appearance depends on the court, charge and stage of the case.
Does a pretrial conference mean my case is going to trial?
No. “Pretrial” refers to proceedings occurring before trial. Many cases resolve during this period. Others proceed through motions and trial preparation because no acceptable resolution is reached.
Do I have to plead guilty at pretrial?
No. Plea negotiations may occur during the pretrial period, but whether to accept or reject a plea offer is the defendant's decision after receiving legal advice about the consequences and alternatives.
What is discovery in a criminal case?
Discovery is the process through which information and evidence are exchanged as required by law. It can include police reports, video, photographs, laboratory reports, witness information and other evidence relevant to the prosecution and defense.
Can more evidence arrive after arraignment?
Yes. Initial discovery may be available around arraignment, but additional reports, video, laboratory results or other evidence may be produced later. One purpose of the pretrial period is to obtain and evaluate the evidence before making major case decisions.
What is a pretrial motion?
A motion asks the judge to decide a legal issue. Depending on the case, motions may concern searches, seizures, statements, evidence, discovery, delay or issues affecting trial.
What is the difference between a pretrial conference and a preliminary hearing?
A pretrial conference is a broader court appearance used to manage a case, discuss resolution and address its progress. A preliminary hearing is a specific stage generally associated with felony cases where a judge determines whether sufficient evidence exists for the case to proceed.
Does the defendant testify at a preliminary hearing?
A defendant has a right not to testify. Whether the defense presents evidence or calls witnesses at a preliminary hearing is a strategic decision that depends on the particular case.
How many pretrial conferences will I have?
There is no single number that applies to every criminal case. The number of appearances depends on the complexity of the case, discovery, negotiations, motions, trial deadlines and the court's scheduling.
What happens if the case does not settle at pretrial?
Depending on the case, the parties may continue preparing, litigate appropriate motions, conduct a preliminary hearing in a felony matter, attend a readiness conference or proceed toward trial.
Facing a Criminal Case in Orange County?
The pretrial period is where we get beyond the accusation and start asking the questions that matter: What evidence does the prosecution actually have? What evidence is missing? What does the video show? Are there legal issues worth litigating? Is the offer reasonable? And what happens if we say no?
The goal is to understand the case well enough to make an informed decision about whether it should resolve or proceed toward trial.
Hieu Vu
California Attorney · State Bar No. 265669
Tustin, Orange County
Attorney Advertising. This page provides general information about the California criminal pretrial process and is not legal advice. Court procedures, appearance requirements, deadlines, available motions, plea negotiations and preliminary-hearing procedures depend on the charge, courthouse, procedural history and facts of the individual case. No particular result is guaranteed. Contacting the Law Office of Hieu Vu does not by itself establish an attorney-client relationship.