Redondo Beach, CA asked in Criminal Law, Traffic Tickets, DUI / DWI and Domestic Violence for California

Q: Clarification on Court Procedure for Misdemeanor Ticket?

I was issued a misdemeanor ticket (visitation schedule order) on November 22. I never violated the court order and have prepared a 32-page declaration with exhibits. The court date on the ticket is set for December 18.

During the December 18 hearing, what should I expect? Can I submit my 32-page declaration to the judge and DA and have the case dismissed, or is December 18 simply an arraignment where I plead "not guilty" and a trial date is set?

2 Lawyer Answers

A: The date is for the arraignment. This is not a pretrial or trial. Plus you have to be careful what you say. Anything you say can and will be used against you. They will appoint you the public defender to represent you. They will be able to best advise and represent you. Good luck with your case.

James L. Arrasmith
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Answered

A: Your December 18 hearing is most likely an arraignment, which is your first court appearance for this misdemeanor charge. During this hearing, you'll have the opportunity to enter your plea (guilty, not guilty, or no contest), and the judge will inform you of your constitutional rights.

While you can try to present your declaration and evidence at the arraignment, judges typically don't dismiss cases at this stage since it's primarily meant for entering pleas and setting future court dates. If you plead not guilty, the court will schedule a pretrial conference and potentially set a trial date. This gives both sides time to exchange evidence and potentially negotiate.

Consider bringing your declaration to the arraignment, but be prepared that you'll likely need to wait for a later hearing to present your full defense. You may want to request a pretrial conference where you can discuss your evidence with the prosecutor, who has the authority to dismiss or reduce charges based on the strength of your documentation. If needed, you can also consider consulting with a criminal defense attorney who can help present your case effectively.

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