The preliminary hearing can significantly shape the direction of a California felony case, but the legal process does not end there. The case may proceed to formal charges, pretrial motions, plea negotiations, and eventually trial. Understanding the timelines for the entire legal process can help defendants protect their rights and prepare for what lies ahead. If you are facing possible felony charges in California, be sure to contact and experienced criminal defense attorney as soon as possible.
Understanding the Preliminary Hearing
In a California felony case, the defendant generally appears at an arraignment before the preliminary hearing. At arraignment, the court explains the charges and the defendant’s rights, and the defendant enters a plea: guilty, not guilty, or no contest. The preliminary hearing generally must occur within 10 for defendants in custody or 60 days out of custody.
At the preliminary hearing, the prosecutor presents evidence supporting the allegations. This may include witness testimony, police testimony, physical evidence, and other information relevant to the alleged offense. Although the hearing is less extensive than a trial, it can provide valuable insight into the prosecution’s theory of the case and its evidence.
The judge’s role is to determine whether probable cause exists to believe the defendant committed the alleged offense. This is a lower standard than the proof beyond a reasonable doubt required for a conviction at trial. The judge may dismiss charges or allegations that lack sufficient support, even if other charges proceed.
Formal Charges Following a Preliminary Hearing
When a judge finds sufficient evidence at the preliminary hearing, the prosecutor generally has 15 days to file an Information, a formal document identifying the felony charges being pursued. The defendant then returns to court for an arraignment on the Information, a second arraignment that follows the initial arraignment held earlier.
This stage establishes the framework for the remainder of the case. Defense counsel reviews the charging document to determine whether the allegations and any sentencing enhancements are legally supported. The case then moves into further pretrial proceedings, where attorneys can investigate the evidence, file legal motions, and explore possible plea deals.
Preparing a Felony Defense
Preparing a felony defense intensifies after the preliminary hearing. Attorneys continue to review discovery, including police reports, surveillance footage, forensic findings, and witness statements. They may also conduct independent investigations, locate new witnesses, consult experts, or examine whether law enforcement followed proper procedure.
Defense counsel may file motions seeking to suppress evidence, exclude inadmissible testimony, or challenge specific aspects of the prosecution’s case. Discovery and motion practice can take weeks to several months and can continue until start of trial.
Can a Felony Case Be Resolved Before Trial?
Criminal cases are often resolved without going to trial. Plea negotiations and felony settlement conferences may occur during the pretrial phase. After evaluating the evidence, the defense and prosecution may discuss resolving the case through a plea agreement. Depending on the circumstances, negotiations might involve reduced charges, a sentencing recommendation, or an agreement addressing potential penalties. Before accepting any agreement, defendants should understand its consequences, including possible incarceration and other long-term consequences.
Trial and Sentencing
If a case goes to trial, California generally requires a felony trial to begin within 60 days of the arraignment on the Information unless the defendant waives a speedy trial. The prosecution must prove every element of the charged offense beyond a reasonable doubt to a judge or jury. A conviction is followed by sentencing, which is often scheduled within several weeks.
Defend Your Rights at Every Stage of a Felony Case
The steps taken after a preliminary hearing can have a significant impact on the outcome of a California felony case. An experienced criminal defense attorney can evaluate the evidence, identify defenses, and develop a legal strategy specifically tailored to your circumstances. If you are facing felony charges in California, having knowledgeable legal counsel is essential to protecting your rights.
With more than 25 years of experience appearing before judges and negotiating with Riverside County prosecutors, The Law Office of Nic Cocis provides strategic criminal defense at every stage of the process. Contact us today and be prepared for all stages of a California felony case.
