Legal Question in Criminal Law in California
Hello. Previous I asked the purpose of a preliminary hearing and if it is for me to present my evidence. I received a great respons which is below:
"The prelim is about the prosecutor's evidence, not yours. Also, she does not have to "convince the court" of your guilt. She need only convince it that there is enough evidence to persuade other reasonable people. Even a judge who thinks you are innocent can recognize that other people might see things differently."
Does this mean that the DA always wants a case to go to jury trial? Also, is there another hearing where I can present my evidence that contradicts the DA prior to jury trial? Does a case always have to go to a jury trial and if not what are the examples?
Thank you
3 Answers from Attorneys
D.A.s don't always want a jury. A jury is mandatory if either the prosecutor or the defendant wants one. If neither does, the case can be tried before a judge.
There is no other pretrial hearing where you can try to use your evidence to trump the D.A.'s. That, in part, is what the trial is for. Besides, if you show your evidence to the D.A. before trial she will be better prepared to deal with it during the trial. Why would you want to do that?
The first question should be whether the DA wants the case to go to trial to begin with. A good portion of the time they don't want to go to trial. The trick is to objectively determine the strength of the prosecutor's case and poke holes in their arguments/evidence to get charges reduced and/or dropped. I highly recommend you retain an attorney experienced in criminal matters and experienced in the local courthouses.
Please let me know if I can be of further assistance.
There are always options to a jury trial, but it usually involves getting a settlement before it goes that far. How good the settlement is determined by how strong the evidence is against you.