Pretrial Process in California
Pretrial Process. The Pretrial Process happens when you enter a not guilty plea. The pretrial is a court appearance that allows for motions such as to suppress evidence. Exchanging of evidence and witness information between the prosecutor and your defense attorney. And its the time where plea bargains and negotiations are made before a criminal trial. The pretrial is where a lot cases can end however you have to work with your attorney. Both sides have to talk about the case’s strength and weaknesses. Your personality, and history. And the possibilities for a plea bargain.
The Discovery Process in the Pretrial
The discovery process is a two way procedure in the pretrial process. Both parties have to give their evidence to the other side that they intend to use at the trial. Its an informal process however if complications do happen, the court can intervene and take over. If that happens then it becomes a formal matter. In the discovery process both side supply each other with their witness evidence. Physical evidence. The prosecutor has a choice of turning over any evidence that is favorable for defense.. The prosecutor has to inform the defense party of any felonies that the witnesses have. And that the prosecutor also has to supply the defense with other related statements.
Types of motions in the pretrial
Motion to dismiss. If your attorney believes that there was a charge that was not legally filed then he/she can dismiss some or all the charges. The most common example is an absence of a probable cause.
Motion to suppress. Your attorney can suppress evidence if it was obtained from an illegal search and seizure. This means that evidence gotten through police misconduct is thrown out.
Pitchess motion. If you felt you were a victim of police misconduct, then it can be used against the officer. This can range from racial profiling to excessive force. The judge will look at the officer’s file and can attack his/her credibility.
This is where your attorneys meet the prosecutors and try to get a reduced charge.
Knowing your pretrial important. If done right, it can end a case early.