Legal Question in Criminal Law in California

What is the next hearing after the preliminary?

Is it judge trial or jury trial automatically after the preliminary and if so, how late is it scheduled out?


Asked on 8/24/09, 9:06 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Assuming the court makes a finding at the preliminary hearing that there is a reasonable suspicion you committed the crime, the next court appearance is arraignment on the information.

Yes, you were already arraigned on the criminal complaint that started the case, but you will be arraigned again. The new document is called an information so everybody recognizes there has already been a preliminary hearing.

Sometimes the parties agree that the arraignment on the information can occur immediately after the preliminary hearing; otherwise, it is usually held in two weeks.

The trial date is usually set when the defendant is arraigned on the information. You have a right to have your trial within sixty days of arraignment on the information, although the dates are usually set farther out if the defense needs additional time to investigate, especially if the defendant is out of custody.

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Answered on 8/24/09, 9:32 pm
Terry A. Nelson Nelson & Lawless

Friend, you are not going to get sufficient legal education through tips and hints here to defend your own case. Law school takes 3-4 years, plus on job training after that. You've asked a series of questions, which were answered in detail, and still haven't understood the answers. Get an attorney and stop deluding yourself. If you can't afford private counsel, apply for the public defender before it is too late.

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Answered on 8/25/09, 2:45 pm


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