Stage 1: Pre-Filing Investigation
- Before Case Begins in Court
- Gather witness statements and mitigation evidence
- Negotiate case with arresting agency and/or prosecutor
Stage 2: Arraignment
- Your First Court Appearance
- Enter a not guilty plea
- Argue bail/ release conditions
- Set future court dates
- Bail Review Hearing
- Typically three days after arraignment
- Only necessary if defendant is in custody
Stage 3: Case Preparation
- Investigation
- Analyze discovery
- Interview witnesses
- Engage expert witnesses
- Prepare defense
Stage 4: Readiness Conference #1
- 1st Settlement Conference
- Discuss settlement in chambers with the judge and prosecutor
- Present mitigation
Stage 5: Preliminary Hearing
- Prosecutor Puts on Evidence
- DA puts on witnesses to establish probable cause
- Opportunity to poke holes in case/show witness is wrong or lying
- Defense attacks charges
- Argue motions
- Case can be dismissed or reduced to a misdemeanor
Stage 6: Arraignment in Trial Court
- Procedural Hearing
- File any motions
- Set future court dates
Stage 7: Readiness Conference #2
- Settlement Opportunity
- Discuss settlement with the judge and prosecutor
- Discuss trial issues
- Discuss evidence presented at the Preliminary Hearing
- Present mitigation materials
Stage 8: Motions
- Hearing on the Motions Filed
- Argue motions previously filed
- Review trial strategy
- Subpoena witnesses for trial
- PC § 995 motion (motion to dismiss)
- PC § 1538.5 motion (suppress evidence)
- Discovery motions
Stage 9: Trial
- Jury Trial
- Motions in Limine
- Pick a jury (“voir dire”)
- Opening statements
- Prosecution puts on its case
- Mid trial motions
- Defense puts on its case
- End of trial motions
- Closing arguments
- Verdict (Not Guilty!)
