Misdemeanor pretrial hearings are held if you plead not guilty during your arraignment. In this hearing, the prosecution has to provide evidence of your crime to the state. If they cannot provide evidence of your charges, the court will dismiss your case.
A Los Angeles criminal defense lawyer from Simmrin Law Group can advocate on your behalf at the hearing and start building your defense strategy. The hearing also gives them and the court the chance to assess the prosecution’s evidence against you.
These hearings are part of the pretrial phase of your criminal case. Ideally, you will have a criminal defense lawyer on your side by the time this hearing happens. Here’s what happens at a misdemeanor pre-trial hearing and what you can expect.
What Is a Misdemeanor Pretrial Hearing?
A misdemeanor pretrial hearing is a type of preliminary hearing. During the pretrial hearing, a judge listens to both sides to see if there is sufficient evidence for the charges against you. The prosecution bears the burden of proving sufficient evidence to move forward with a trial.
It is also a time when the prosecution and the defense can negotiate a plea bargain. Both sides will exchange evidence, known as discovery, to support their side. They may also file motions to ask the court to rule on issues related to your case, such as dismissing pieces of evidence.
The judge is not there to determine whether you’re guilty or not. Their job is to make sure the prosecution has strong enough evidence to move forward with the trial. They also will listen to plea bargains and judge if they are an acceptable settlement for the state.
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Do You Need to Appear at a Misdemeanor Pretrial Hearing?
In many instances, a criminal defense attorney can appear at a misdemeanor pretrial hearing on their client’s behalf. All misdemeanor pretrial hearings are open to the public. As such, you and anyone else can attend them.
If you attend your misdemeanor pretrial hearing, it helps to listen carefully to what your attorney, the prosecutor, and the judge have to say. Your attorney will advocate on your behalf while the prosecutor tries to further their case against you. Meanwhile, the judge attempts to keep order and ensure the hearing moves forward without disruption.
If you attend a misdemeanor pretrial hearing, expect your attorney to do most of the talking. A judge will rarely ask you a question during a pretrial hearing. If you receive a question from a judge during your pretrial hearing, you should respond to it truthfully.
Pretrial Conference
Negotiations for your case do not have to happen before a judge, though they must be approved by one at the end. Sometimes both sides will meet at the court or at the prosecutor’s office to negotiate. This is called a pretrial conference. These meetings can even happen electronically.
If this is happening, your attorney should inform you about the negotiations and their progress. They must keep you informed so you can make an appropriate decision about how to proceed in the pre-trial process.
How Does a Plea Bargain Work in a Misdemeanor Pretrial Hearing?
A plea bargain is a legal settlement between you and the prosecution to avoid trial. In exchange for a fast resolution of your case, you may receive lesser charges and a lighter sentence. It is your decision whether to accept the plea bargain or proceed with trial.
Sometimes, your attorney may advise you to propose a plea bargain to a prosecutor, too. If so, your defendant’s attorney can help you craft a plea bargain that serves your best interests while keeping you from trial.
Accepting a plea bargain during your misdemeanor pretrial hearing means:
- You lose your right to a trial by jury for those charges
- You still will get a mark on your criminal record
- You cannot appeal your case
Accepting a plea bargain will still affect your life negatively, but going to trial could make things much worse, depending on the evidence.
How Long Does a Misdemeanor Pretrial Hearing Last?
A misdemeanor pretrial hearing may last only a few minutes. Even before the hearing, a prosecutor may approach you with a plea bargain. If it’s accepted before the hearing, then all that needs to happen is for the judge to approve it.
However, discovery issues or other legal problems can be brought up during a misdemeanor pretrial hearing. Discussion about these issues can extend the hearing’s length, or even create multiple hearings. This can make the pretrial process last a long time, sometimes months.
Each hearing provides an opportunity for a defendant and prosecutor to settle before a trial. If no settlement is reached, the final pretrial hearing will determine when the trial will take place for your misdemeanor.
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What Should You Do to Get Your Case Dismissed During a Misdemeanor Pretrial Hearing?
If your case gets dismissed, that means the judge believes there isn’t enough evidence for the charges against you. Hiring a criminal defense lawyer from Simmrin Law Group is the best way to maximize your chances of this happening.
It is the best possible outcome for you because you gain freedom without going through a trial. In the time leading up to your pretrial hearing, your lawyer can help you gather evidence and present it in a way that compels a prosecutor to drop their case against you.
It is possible to get a misdemeanor dismissed if a criminal defense attorney makes a strong argument during a pretrial hearing. The prosecutor may discover that their argument against a defendant is inadequate, to the point where it may no longer be feasible to move forward with a case.
What Happens if My Case Is Dismissed?
If your case gets dismissed in a misdemeanor pretrial hearing, you are off the hook. Your attorney did what was necessary to show the charges were bogus. Your criminal record will not show you were convicted and you get to avoid the costs of going to trial.
How Can I Get Ready for a Misdemeanor Pretrial Hearing?
Simmrin Law Group can put you in touch with a criminal defense lawyer who can help you prepare for what may happen at your misdemeanor pretrial hearing. Our attorney can explain what to expect when the hearing takes place and ensure you are prepared.
To learn more or request a free case evaluation, please contact us today. Your freedom is at stake even in a misdemeanor trial.
Call or text (310) 896-2723 or complete a Free Case Evaluation form