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Criminal Defense Trial Attorney Ventura CA

Trusted Legal Guidance for Your Criminal Case

When navigating California’s legal system, you need a reliable criminal defense trial attorney in Ventura CA by your side. Strongest Defense is here to offer a guiding hand, ensuring that your journey from criminal defense to trial is as smooth as possible. Whether you’re facing charges or seeking assistance in navigating the legal system, we possess the knowledge and experience needed to safeguard your rights and advocate for your best interests. 

Your path from accusation to resolution deserves a steadfast, informed defender, and Strongest Defense is here to be that unwavering support. Let us be your trusted guide, working diligently to secure the best possible outcome for your case. With Strongest Defense, you’re not alone in this journey. We’re here to provide right legal counsel every step of the way.

What is a Criminal Trial?

A criminal trial is a legal proceeding in which a person who has been charged with a criminal offense faces a formal examination of the evidence against them in a court of law. It is a fundamental component of the criminal justice system designed to determine whether the accused is guilty or innocent of the alleged crime.

What Are the Stages of a Criminal Trial in California?

Confronting a criminal trial can be an anxiety-inducing experience. The legal process is often riddled with potential pitfalls. If you’re facing criminal charges, you might find yourself asking, “What’s the actual process in a trial?” Here, we outline the key stages of a criminal court trial in California.


The stages of a criminal trial commence with the arraignment, a formal hearing where the judge ensures you comprehend the charges and their potential consequences. At this point, you’re asked to declare your plea. 

You have three options: guilty, not guilty, or no contest. If you opt for “no contest,” it signifies you’re not admitting guilt but won’t contest the state’s case and will accept the punishment. Should you plead guilty or no contest, the judge might deliver a sentence immediately or schedule a separate hearing for sentencing. 

It’s quite rare for defendants to plead guilty at the arraignment, especially in felony cases. However, if you plead not guilty, you initiate the pre-trial process, during which the judge also establishes bail and the conditions for your release from custody.

Pre-Trial Process

The pre-trial process encompasses negotiations between your attorney and the prosecutor, readiness hearings, and in felony cases, a preliminary hearing. There may also be additional motion hearings as needed.

During the preliminary hearing, the judge assesses whether there is probable cause to believe a crime occurred and if there’s reasonable cause to suspect the defendant is the perpetrator. 

Meanwhile, in the discovery process, attorneys exchange evidence, typically in the form of documents, photos, and lists of physical evidence collected at the crime scene, if applicable. It’s essential to note that all evidence intended for use in the trial must be shared between the parties at least thirty days before the trial begins.


In cases involving misdemeanors and felonies, defendants have the option to exercise their right to a jury trial. Alternatively, they can choose a bench trial, where the ultimate decision is made solely by a judge.

Selecting a Jury

In most instances, the initial stage of the trial process involves the careful selection of jury members. This process occurs with the involvement of the judge, the plaintiff’s attorney, and the defendant’s attorney. 

They pose a series of questions to potential jurors, addressing matters related to the case, such as their beliefs and life experiences. There are a couple of reasons why a potential juror might not be chosen:

  • The judge dismissed the potential jurors based on their responses
  • Both the defense and prosecution can remove a person through “peremptory challenges” or “challenges for cause”

When a prospective juror provides responses that appear to show bias or unfair favoritism toward one side, the prosecution or defense can ask to exclude that individual from the trial. 

However, there’s a limit to how many jurors can be excluded this way. Once both parties are satisfied with the impartial jurors who have been chosen, the trial can commence.

Opening Statements

The trial kicks off with the prosecutor and the defense delivering their initial arguments. Typically, this phase doesn’t involve the presentation of witnesses or evidence. The prosecutor, acting on behalf of the government, carries the responsibility to demonstrate the defendant’s guilt. 

As a result, the prosecution’s opening statement is often presented first. Its purpose is to outline the case’s facts and explain how and why the defendant allegedly committed the crime.

On the other hand, the defense utilizes the opening statement to challenge the prosecution’s facts and introduce doubt regarding the defendant’s guilt, emphasizing the need for proof beyond a reasonable doubt.

Witness Testimony and Cross-Examination

A crucial component of a criminal trial is the testimony of witnesses. Both the prosecution and the defense have the option to summon witnesses to bolster their arguments. Here’s how the witness testimony process unfolds:

  • The witness is sworn in when they take the stand.
  • The side that called the witness questions them during direct examination, aiming to gather information that supports their stance.
  • Following the direct examination, the opposing party has an opportunity for cross-examination. Their goal is to highlight inconsistencies and cast doubt on the witness or their testimony.
  • Once the cross-examination concludes, the initial party can perform a re-direct examination to address any issues raised during the cross-examination and reinforce their case.

Both sides have a chance to introduce and question evidence during the trial. When both parties have presented all their evidence and arguments, they “rest,” and the trial proceeds to the closing arguments.

Closing Arguments

Much like the opening statements, both the prosecution and the defense have the opportunity to deliver statements summarizing the case and the evidence they’ve presented. This marks their last opportunity to persuade the jury in their favor.

Deliberation and Verdict

The judge gives instructions to the jury, and they begin their deliberation. Their goal is to reach a unanimous decision on the defendant’s guilt or innocence. The duration of this deliberation varies, ranging from a few hours to several weeks, depending on the case.

In California, if the jury cannot reach a unanimous verdict, a new trial will be scheduled with a different set of jurors.

Sentencing Hearing

If the defendant is convicted, both sides present their arguments to the judge regarding what they believe is an appropriate sentence for the specific case. However, it’s the judge who makes the final decision on the sentencing.


In case of undesirable verdicts, both sides have the option to make appeals to a higher court. This can be based on several grounds, such as arguing that there was insufficient evidence to support the verdict or that legal or procedural errors impacted the outcome.

The appeal process typically involves a panel of three appellate judges who review the case’s records. They can either uphold the original verdict or remand it to the lower court for a fresh set of proceedings.

What is a Preliminary Hearing?

As per California Courts, a preliminary hearing is a pre-trial proceeding that determines if there’s sufficient evidence to advance the criminal case. It takes place before the trial and involves only a judge. It’s important to note that you cannot be declared guilty during this phase. 

The judge’s role is solely to assess if there’s enough evidence to warrant a trial. There are various reasons why a judge might decline to allow charges to move forward at this stage, including:

  • Lack of probable cause for the arrest
  • Police misconduct during the investigation, such as an unlawful home search
  • Failure to adhere to correct procedures when questioning witnesses

What Happens During a Preliminary Hearing?

Both the prosecution and defense will introduce their evidence and call witnesses. It’s important to note that the standard of proof is lower than in a full trial because the judge’s task is to establish probable cause. This means that the evidence presented doesn’t have to be substantial or overwhelming.

  • The Prosecution Makes Its Case. Including the option to call supporting witnesses. For instance, if you’re accused of DUI after an accident, a passenger might testify that they witnessed you drinking before driving.
  • Cross-Examination. At this point, your attorney gets to question the witness and scrutinize the evidence. This is crucial for evaluating the case and crafting a stronger defense strategy.

Once the prosecutors have presented their case and your attorney has cross-examined witnesses, the judge will decide. They will decide whether there’s sufficient evidence to proceed to trial or if the case can be dismissed.

What Usually Happens After the Preliminary Hearing?

The most likely result is that you will face charges. If this happens, all future proceedings for this case will be transferred to a trial court within the next 15 days. If additional charges are imposed, you’ll need to attend a new arraignment or hearing.

In such a situation, your next course of action should be to prepare a pre-trial motion. While most preliminary hearings end with the judge finding probable cause to charge you, there are a few instances where the outcome varies.

What Are Other Possible Outcomes of a Preliminary Hearing?

The results of preliminary hearings can vary based on the specifics of your case.

  • Lack of Probable Cause. This can occur either due to the court’s findings or your attorney’s intervention, resulting in the potential dismissal of the charges.
  • Partial Lack of Probable Cause. In some situations, probable cause might be lacking for some charges but not for others. This can lead to the dismissal of some original charges.
  • Additional Offenses. If the evidence presented by prosecutors suggests your involvement in other offenses, more charges may be added to the original complaint.
  • Felony Reduction to Misdemeanors. If you have no prior convictions or if the judge deems your offense less severe, they may opt to reduce felony charges to misdemeanors.

What Are the Legal Motions to Dismiss a Case?

An effective strategy for winning a case involves filing a Motion to Dismiss and persuading the judge that the government hasn’t adequately proven its case. Essentially, this asks the judge to rule in favor of the defendant based on the information presented thus far. The judge will then either approve or reject this motion.

Motions to dismiss can be submitted either before the trial, known as a pre-trial motion, or after arguments have been presented during the trial but before the jury reached a verdict. This motion asserts that the government:

  • Didn’t adhere to necessary legal steps
  • Committed an error in the charging documents
  • Infringed upon the defendant’s rights
  • Failed to meet legal deadlines, known as the statute of limitations

When your criminal defense trial lawyer submits a motion to dismiss, they must specify the precise legal basis justifying the case’s dismissal. Here are some instances of reasons for dismissing criminal charges:

  • Jurisdiction Issue. Charges must align with the state where the crime occurred. If you’re accused of a Florida crime but California presses charges, your attorney can seek dismissal.
  • Insufficient Evidence. The government must possess enough facts to establish that all elements of the alleged crime are met. If there’s not enough evidence for the claimed crime or if you didn’t commit it, a judge may grant dismissal.
  • Statute of Limitations. Some charges must be filed within a set timeframe. If this deadline passes, the government can’t pursue the case, regardless of the evidence.
  • Due Process Violation. If your right to due process is violated by the government or its agents, charges may be dismissed. For example, if you’re coerced into self-incrimination or subjected to double jeopardy.
  • Delayed Trial. You have a Constitutional right to a swift trial. Unnecessary delays by the government can lead to dismissal.
  • Flawed Charging Document. When the government files charges, they must include specific details like dates and facts about the alleged crimes. Failure to include these details can result in case dismissal.

Following your attorney’s submission of a motion to dismiss, the prosecutor will have a chance to reply. The court might schedule a hearing to enable both sides to make their arguments. If your motion gets approved, all charges will be dropped. 

However, this doesn’t always mark the conclusion, as the government may have the chance to refile charges and rectify their initial errors. This underscores the importance of seeking the legal services of our trusted criminal defense trial attorney in Ventura, CA to vigorously protect your rights.

What is Motion to Exclude or Suppress Evidence?

Your attorney may present another motion to the court known as a Motion to Exclude or Suppress Evidence. Typically, this occurs before the trial begins and aims to have specific pieces of evidence disregarded or eliminated due to distinct legal grounds.

If the exclusion of evidence is successful, it could become exceedingly difficult for the government to establish all the elements of the alleged crime. In such a scenario, your attorney might proceed with a motion to dismiss, resulting in the complete dismissal of your case.

Numerous reasons exist for the court to exclude or suppress evidence. Some common factors include:

Illegal Evidence Gathering

This often involves evidence obtained through an unlawful search and seizure, a violation of the Fourth Amendment. If the police or investigators didn’t have a proper warrant based on probable cause before searching you, your property, or your belongings, you may be able to have any evidence they found excluded. Evidence gathered in an illegal search is inadmissible under the “Exclusionary Rule.”

Chain of Custody Violation

Proper handling of evidence is essential and must follow strict procedures. For instance, if DNA evidence isn’t correctly preserved or signed for at each handling step, it might be excluded from the case. Any evidence not adequately accounted for throughout the process could be compromised and should not be allowed at trial.

Illegally Obtained Statements

You’ve likely heard of “Miranda Rights,” which begin with, “Anything you say can and will be held against you in a court of law.” If the police failed to read you your rights and questioned you, your responses may be inadmissible during the trial.

Securing the Best Possible Outcome for Your Criminal Case in Ventura, CA

Strongest Defense stands ready as your steadfast ally in criminal defense trials in California. Our track record of success and dedication to your rights make us your top choice when facing the complexities of California’s legal system. We’re not just attorneys. We’re advocates for your best interests. Let us be your guiding force as you navigate the path from criminal defense to trial, ensuring that your rights are protected, and your future is safeguarded.

Reach out to our dedicated legal team today, and let us put our legal experience to work for you. We can also assist you with Violent Crimes, First Time DUIs, Drug Crimes, and Sexual Assault

Your journey through the California legal system deserves the support of a team that cares, understands, and delivers results.

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