Legal Question in Criminal Law in California

trial date (criminal)

we delayed court to get better deal with d.a. but offer never came. now case set for trial, can judge force you into trial if date was set ? and can they give you more time then the original offer?also can you file midigation on trial date or is that to late?


Asked on 5/02/09, 10:54 am

1 Answer from Attorneys
Deirdre O'Connor Law Offices of Deirdre O'Connor

Re: trial date (criminal)

The judge cannot force you into trial if your lawyer has good cause to continue the case. Unfortunately, hoping for a better deal is not good cause.

It's not too late to resolve the case. A lot of cases resolve on the trial date. Typically, both sides have an incentive to avoid trial.

Though it should not be the case, it is an unfortunate truth that many prosecutors and many judges will feel justified in increasing the punishment after trial. I think this aspect of plea bargaining causes a great number of injustices - innocent people plead to avoid harsher sentences after trial. There are some DA and some judges who do not use this tactic. Some judges will not hurt you after trial. Your lawyer will know the practices of your DA and judge.

Your lawyer can submit mitigation evidence at any stage of negotiation or sentencing.

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Answered on 5/02/09, 11:40 am


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