Attorney Dan Chambers recently published a 21-part series of videos here on the Chambers Law Firm website. This blog article explains the fifth video, which includes all the important information you need to know about misdemeanor trial procedures.
Pre-trials and discovery
The previous video in this series dealt with the misdemeanor pre-trials and discovery phase. During this period, you have the opportunity to gather facts about your case, you learn about the district attorney’s case, and you prepare your defense. Additionally, you attempt to resolve your case outside of court if the district attorney makes an offer that’s both reasonable and acceptable to you.
Basic information about a misdemeanor trial
Now, if you cannot or decide not to resolve your case during the pre-trials and discovery period, your trial will be next. Perhaps you decide that you want your day in court to demonstrate that the district attorney cannot prove their case. If so, you’ll be given a court date for your trial to begin.
This date will be set for about 4-8 months after the criminal complaint has been filed against you. In Southern California, a misdemeanor trial usually takes between 3 days to a week, depending on the complexity of the case.
First, the district attorney
When you go to trial, here’s what will happen. First, the district attorney will have the burden of proof and must show that you’re guilty, beyond a reasonable doubt, of the charge that has been filed against you. He or she will have to prove each element of their case beyond a reasonable doubt.
It’s important for you to know and remember that it’s not your responsibility to provide any evidence at all. To avoid conviction, you can solely rely on the fact that the district attorney cannot prove their case effectively beyond a reasonable doubt.
You will have the opportunity to subpoena witnesses and documents that will support your defense strategy, and you can even testify in your own defense if it’s appropriate for your case.
Possible Motions
The prosecution will present their case to the court, and then once they rest their case, various motions can be made by the defense. Depending on the details of your case and your specific situation, various motions will be necessary. Attorney Chambers can discuss these potential motions with you in more detail when you schedule a free case evaluation with him.
Then the defense
After the prosecution rests, the defense will have time to present their case. That’s when Attorney Chambers will employ his well-thought-out, rock-solid defense and do everything in his power to convince the jury that you should not be convicted of the charges.
Then both sides, both prosecution and defense attorneys, will have their change to offer rebuttal evidence.
Closing arguments
The last phase of this part of the trial is closing arguments, where both sides will present final thoughts on the case. Then the judge will instruct the jury about the law that they must follow when deciding the case. Once those instructions have been read, the jury will have the case, and they’ll decide your fate.
The next video in this series discusses the next step in a misdemeanor case. You’re probably wondering – what happens after your trial? Either sentencing or application of the double jeopardy rule will happen. Check out the next video to learn about this next phase of a misdemeanor case.
Got more Q’s?
If you’ve been charged with a misdemeanor or felony in Southern California, come speak with Attorney Dan Chambers about your case. Prospective clients are always entitled to a free consultation where Attorney Chambers will review the details of your case, start coming up with a legal strategy for your defense, and answer any questions you may have. Call 714-760-4088, email dchambers@clfca.com, or use the chat box below to schedule your free consultation today.
