Legal Question in Criminal Law in California

Your attorney is in a better position to answer these questions. Without reviewing the police reports and other evidence, and knowing the DA's position, it is impossible to know what is happening.

The District Attorney and the defense can negotiate at any time. They may be reviewing additional evidence, or the DA may be waiting to see how the case plays out at the preliminary hearing.

A preliminary hearing is designed to weed out cases where there is not enough evidence to proceed to trial. The prosecution has to present evidence to convince the judge there is a strong suspicion of the defendant's guilt; this is a much lower standard that the burden of proof at trial, which is beyond a reasonable doubt.

The rules of evidence are relaxed at a preliminary hearing, so a police officer can testify to what witnesses said. In the vast majority of cases, those witnesses would have to personally testify at trial.

In most cases, the defense does not present evidence at the preliminary hearing. It only gives the prosecution a preview of evidence the defense may present at trial and an opportunity to cross-examine defense witnesses.

Again, your attorney is in a much better position to answer these questions as they apply to your particular case.