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The Pretrial Process

Following an arraignment the case can go a few ways. If the charge is for a misdemeanor and the defendant pleads not guilty, prior to the trial the prosecution and defense will need to exchange information. This is known as the discovery and attorneys will often be granted access to extremely important information in their client's case. During this process some information may need to be protected. It is important to work with an attorney so that information such as the witnesses' identities are safeguarded. During this time either side is also able to file any pretrial motions or seek to have certain evidence dismissed. Attorneys and the judge can discuss what can be done to avoid going to trial. A defendant will also have the option of changing their plea.

In the event that it is a felony case, a preliminary hearing will be held by the judge if the case has not already been settled or dismissed. The evidence will be assessed to determine if it is substantial enough for a trial to take place. If enough evidence is presented, then the prosecutor will need to file "the Information." A second arraignment will take place, a plea will be given and the case will continue forward. In a felony case the discovery will still exist for information to be exchanged. Pretrial motions can be filed and either side can seek to have evidence dismissed. The plea can also be changed and the attorneys and judge can discuss how to avoid trial if at all possible. If you are facing the possibility of trial, it is imperative that you seek capable defense. Whether your case is resolved through negotiations or through trial, you want a qualified professional on your case. Call my office immediately for aggressive defense from a Ventura criminal lawyer.