This article explains:
- The likelihood of a case like yours going to trial.
- Common factors that determine whether a case goes to trial.
- How important the district attorney is to your case and the overall legal process.
Will My California Misdemeanor Or Felony Case Go To Trial?
Misdemeanor or felony cases in California do not necessarily go to trial. In fact, most cases do not go to trial. They tend to be disposed of by motion or a deal before trial. Chances are your case would fit the rule, not the exception. Multiple factors determine this.
You have to be held to answer on a preliminary hearing before you go to trial. The district attorney has to show probable cause to hold you to answer first. If that does not happen, your case will not go to trial.
If law enforcement failed to do something correctly or your rights were violated, there can be an order from the judge on a motion from your attorney to exclude the evidence that was taken in violation of your rights. Often, this results in a dismissal or the district attorney’s unwillingness to proceed. All of these things can happen before a trial.
Other things can happen. There can be problems with evidence and the chain of custody of evidence that will result in the district attorney not wanting to move forward. Complaining witnesses can decide that they no longer wish to testify.
When you go to trial, it is often an instance where you do not have any risk because no deal has been presented. As a result, you do not risk anything by going to trial because there is no offer or a max sentence on the line. Those cases always go to trial. In cases with evidentiary issues, trials occur but do so based on the weight of the evidence, not its admissibility.
With the guidance of a skilled attorney for Criminal Defense Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.
For more information on Criminal Defense Cases in California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (559) 485-1212 today.