Legal Question in Criminal Law in California

Re: Pre-Trial Conference

The Judge maynot didmiss a case at the pre-trial conference. The pre-trial conference is the time that the Judge tries to see if the case can settle without a trial. The Judge may suggest to the D.A. or City Attorney that to dismiss would be in the best intrest of judgement or that a other offer to settle may be more reasonable. Also at the pre-trial conference any fore seen problems in trial are brought up and settled. The Judge may dismiss the case after the D.A. closes his case if he beleaves that the D.A. has not proven his case. (P.C. 1118.1) This does not happen offten

Re: Pre-Trial Conference

The judge has no authority to dismiss a case at any stage unless the prosecutor has made serious procedural mistakes which jeopardize the defendant's right to due process. Even then, the prosecutor must be told ahead of time that this might happen so that he can prepare an argument against dismissal.

Decisions about a defendant's guilt or innocence are made at trial and not before, regardless of what evidence is presented in the meantime. Unless the defendant can persuade the D.A. to dismiss the charges -- which most D.A.s are willing and even anxious to do when they realize that the defendant is innocent -- the case will proceed to trial.