The pre-trial phase is where a criminal defense strategy is executed, and most cases are ultimately resolved.
After the initial arraignment, the pre-trial conference—also called a Preliminary Hearing Setting (Prelim) or Early Disposition Program Hearing (EDP)—is the main stage for gathering evidence, filing legal motions, and negotiating plea resolutions before a case reaches trial or a felony preliminary hearing.
Key Functions of the Pre-Trial Stage
The pre-trial process serves three primary functions in a California criminal court:
1. Evidence Exchange and Discovery Production
While basic charging documents and initial police reports are handed over at arraignment, complex evidence trickles in slowly during pre-trial conferences. Vital discovery items exchanged during this phase include:
-
Audio and Visual Footage: 911 call recordings, Body-Worn Video (BWV), and dashcam footage.
-
Dispatch and Movement Records: Unit History Reports detailing law enforcement vehicle movements and radio communications.
-
Scientific and Investigative Reports: Toxicology screens, medical evaluations, autopsies, and supplemental police reports.
A skilled defense attorney uses this timeline to review facts and negotiate early settlements before potentially damaging evidence enters the prosecutor's file.
2. Strategic Pre-Trial Motions
Attorneys file pre-trial motions to request formal court orders, suppress evidence, or modify charges:
-
Motion to Suppress Evidence (Penal Code 1538.5): Asks the court to exclude evidence seized during an illegal search or warrantless arrest.
-
Pitchess Motion: Requests access to a law enforcement officer's confidential personnel file to investigate prior complaints of misconduct or fabrication.
-
Motion to Compel Discovery: Forces the prosecution to produce specific evidence that has been improperly withheld.
-
Motion to Reduce Charges (Penal Code 17(b)(5)): Requests the court to reduce a "wobbler" offense from a felony to a misdemeanor.
-
Evidentiary Motions: Seeks to suppress involuntary confessions (Miranda violations), subpoena mental health records, or request an Evans motion for a live lineup in mistaken-identity cases.
-
Pre-Trial Diversion Motions: Requests case suspension while the defendant completes Court Diversion (PC 1000), Military Diversion, or Mental Health Diversion. Successful completion results in a full dismissal of charges.
3. Negotiated Plea Agreements
A pre-trial plea agreement allows both parties to resolve the case without the risks of a preliminary hearing or trial. Through repeated pre-trial court dates, defense attorneys leverage weaknesses in the state's case to negotiate reduced charges (such as a non-strike instead of a strike offense, or a misdemeanor instead of a felony) and minimize time in custody.
Pre-Trial Timeline: How Long Between Pre-Trial and Trial?
The period between pre-trial hearings and a trial typically ranges from 30 days to 2 years, depending on defense strategy, motion work, and case complexity.
-
Arrest and Initial Arraignment: The defendant enters a plea, learns of the official charges, and bail or release conditions are established.
-
Pre-Trial Phase: Defense counsel and prosecutors exchange discovery, litigate pre-trial motions (such as suppression or charge-reduction motions), and conduct plea or diversion negotiations.
-
Speedy Trial (30 to 90 Days): Under California law, a defendant possesses a constitutional right to a speedy trial. If the defendant does not "waive time," a trial must typically begin within 30 days of arraignment for misdemeanors (if in custody) or 60 days for felonies.
-
Waiving Time (Up to 2 Years): A defendant can voluntarily agree to "waive time," extending the pre-trial stage. Waiving time gives defense counsel the latitude to conduct independent investigations, retain forensic expert witnesses, or wait for outstanding lab results. However, judges retain discretion to manage their dockets and prevent excessive court delays.
Frequently Asked Questions (FAQs)
What happens at a pre-trial conference in California?
At a pre-trial conference, the defense attorney and prosecutor exchange evidence, argue pre-trial motions before the judge, and negotiate potential plea agreements or diversion entries.
Can a criminal case be dismissed at pre-trial in California?
Yes. A judge can dismiss charges during pre-trial if a Motion to Suppress Evidence (PC 1538.5) is granted, if the state lacks sufficient evidence, or if the defendant completes a statutory pre-trial diversion program.
What is the difference between a pre-trial conference and a preliminary hearing?
A pre-trial conference focuses on discovery, motion filings, and plea negotiations. A preliminary hearing is a formal evidentiary hearing in felony cases where a judge decides if there is probable cause to hold the defendant for trial.
What does "waiving time" mean in a California criminal case?
"Waiving time" means the defendant voluntarily pauses their constitutional right to a speedy trial. This gives the defense team necessary time to investigate, analyze evidence, and prepare a strategy.
What happens if no plea deal is reached during pre-trial?
If negotiations stall and no agreement or diversion is reached, the case moves forward to a felony preliminary hearing or directly to jury trial readiness.
The Esfandi Law Group in Los Angeles can help you. Schedule your free consultation today.
