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If there is no District Attorney assigned to your case for pre trial, what does that mean?

Brea, CA |

Plead not guilty at arraignment. Looked on calendar, and I am the only one who has no district attorney assigned to my case for pre trial. I have the public defender only listed, but no D.A or A.D.A

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Attorney answers 7

Posted

Many of the courthouses are under-staffed and they do not put a DA in the arraignment court. There will be one at your next pre-trial conference and at every court hearing thereafter.

Posted

It does not mean anything. Clerical error, any number of things. There will be a DA there throughout.

Posted

I'm assuming that the pre-trial court date has yet to happen. When you get to court, there will almost certainly be a DA assigned to your case, at least for that day. At this point, I wouldn't read anything into it - just chalk it up to government inefficiency.

Posted

In Orange County, several DA's (assistant DA's) are assigned to handle misdemeanor pre-trials. No one is specifically tasked to handle your case. Once your pre-trial conference happens, any of them could handle your matter. Not until trial is someone personally responsible for your case.

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Posted

In Orange County, misdemeanors are arraigned (formal charges given and plea entered) in one court, and pre-trial conferences in another. In the North Justice Center, arraignments are in N8 typically, and pre-trials in N9 thereafter. "Pre-trial" is a generic term for court dates where progress toward settlement or trial takes place with negotiations between the Deputy D.A.'s (ADAs are supervisors) and defense lawyers. The relative strengths and weaknesses of a case are discussed, as well as legal issues that may pertain to the case. In addition, they are a kind of "housekeeping" date to ensure that all discovery is exchanged, etc., before a trial is to begin or a plea bargain reached. If the case does not get dismissed or "settle" (plea bargain), the case is set for trial in a trial calandaring court (in North Justice Center that courtroom is N7). There the case will get sent out for trial on the day set, or within 10 court days of that day if there were time waivers given. There are DDA's who man the arraignment court day after day, reviewing and moving those new filings. There are also different DDA's who man the pre-trial courts and grab the files to speak to the attorneys as they arrive. Finally, there is a DDA who coordinates cases set for trial, "preps" them with witness subpoenas,, etc., and assigns the trials to still other DDA's on a "trial rotation." They all move around a bit. Hope that clarifies it. Best of luck to you,
Jacquie
www.californiadefenselawyer.net

Posted

Means nothing.

Posted

A lot of the times the DA's office will have a floating DA which means that the DA on your case will depend on what day you continue your case too. The best way to find out if this is the case is to have your attorney directly call the DA and find out who is representing the people.

Scotty

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