Legal Question in Criminal Law in California
Pre-Trial Conference or Trial
What constitutes during a pre-trial conference, whether a Judge should consider if the case should or should not go to trial? does it matter whether there is evidence to pursue going or is that at the discretion of the Presiding Judge?
1 Answer from Attorneys
Re: Pre-Trial Conference or Trial
The judge won't hear evidence or decide the case at the pre-trial conference. Assuming this is a misdemeanor case, he or she will set a trial date and any dates for pre-trial motions. In a felony case, the judge would set a date for a preliminary hearing, most of the time the judge rules that there is enough evidence to hold the trial, and then you would get a trial date. At the pre-trial it is likely you will be offered some plea agreement, only your lawyer can advise whether to take a plea or go to trial.
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