What Happens at a Pretrial Conference in California Criminal Court?
The short answer: a pretrial conference is a court date between arraignment and trial where the prosecutor, the defense attorney, and often the judge talk about resolving the case. Discovery is exchanged, the plea offer is made or improved, motions are scheduled, and the parties either settle the case or set it for trial. Nothing is decided by a jury and no witnesses testify, but this is the hearing where most California criminal cases are actually resolved. In Riverside County the felony version is often called a felony settlement conference, in San Bernardino County and Los Angeles County the date is usually just called a pretrial, and in Orange County it is a pretrial hearing, but the function is the same everywhere.
Why this hearing matters. Defendants frequently treat the pretrial as a formality, show up unprepared, and accept whatever offer is read to them in the hallway. Prosecutors treat it as the moment to close the file. The difference between those two approaches is where cases are won or lost. This guide explains what happens in the courtroom and outside it, what the judge is doing, what a time waiver means, how offers move, and how to prepare so the conference works for you rather than against you. It reflects daily practice at the Riverside Hall of Justice, the San Bernardino Justice Center, the Rancho Cucamonga courthouse, the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles, the Van Nuys courthouse, and the Central Justice Center in Santa Ana.
Where the Pretrial Conference Fits in a Criminal Case
After arraignment, before trial. A misdemeanor case goes from arraignment to one or more pretrial conferences and then to trial. A felony case goes from arraignment on the complaint to a pretrial or felony settlement conference, then to the preliminary hearing, then to arraignment on the information, then to further pretrial or trial readiness conferences, and then to trial. Our guides on arraignment in Riverside County and what actually happens at a preliminary hearing describe the hearings on either side.
There is usually more than one. Most cases have two to four pretrial dates. The first is often continued because discovery is incomplete. The second is where a real offer appears. The last one, often labeled a trial readiness conference or trial setting conference, is where the court expects a final answer: plea or trial. Judges tolerate continuances early and resist them late, and a request to continue must show good cause under Penal Code section 1050, usually in a written motion filed at least two court days ahead.
Do you have to be there? In most misdemeanor cases Penal Code section 977, subdivision (a) allows your attorney to appear for you, and many pretrial conferences happen with the defendant at work. Felony cases require personal appearance unless the court permits a written waiver, and domestic violence cases usually require presence regardless. If a plea is going to be entered, you must be present or, in a misdemeanor, sign the plea form and the waiver that lets counsel enter it. Whether to hire a lawyer for a misdemeanor is a decision we discuss in our guide on whether you need a lawyer for a misdemeanor.
What Actually Happens in the Courtroom
The calendar call. The clerk calls the case, both attorneys state their appearances, and the court asks for a status. The lawyers report whether discovery is complete, whether an offer has been conveyed, whether the defendant is accepting or rejecting it, and whether any motions need to be set. The exchange on the record often lasts under two minutes. The work happened in the hallway, the jury room, or the judge's chambers before the case was called.
The chambers or hallway conference. In many Southern California courtrooms the judge invites both attorneys into chambers or to the bench to discuss the case off the record. The prosecutor summarizes the evidence, the defense points out the weaknesses, and the judge may say what sentence the court would impose on a plea to the charge. That judicial statement is called an indicated sentence. Under People v. Clancey, a judge may indicate the sentence the court would impose if the defendant pleads to all charges as filed, but a judge may not bargain over which charges will be dismissed, because charge bargaining belongs to the prosecutor.
Discovery gets exchanged and demanded. Penal Code section 1054.1 requires the prosecutor to disclose witness names and statements, the defendant's statements, physical evidence, exculpatory evidence, and expert reports, and Penal Code section 1054.3 imposes reciprocal duties on the defense. If the prosecutor has not produced body camera footage, 911 recordings, lab results, or the DMV record, the pretrial is where counsel puts the demand on the record and, if necessary, sets a discovery motion under Penal Code section 1054.5. Our guide on how prosecutors build criminal cases explains why the missing item is often the most important one.
The offer is conveyed and answered. The prosecutor states the offer, usually a plea to a specific charge with a specific sentence. Defense counsel is obligated to communicate every offer to the client, and the client decides. Counsel can counter, ask for a different charge to protect immigration status or a professional license, or reject and set the case for trial. Our guide on whether to take a plea deal covers how to evaluate one.
Time Waivers: What "Waiving Time" Means
Your speedy trial clock. Penal Code section 1382 requires a misdemeanor to be tried within 30 days of arraignment if you are in custody and 45 days if you are out, and a felony within 60 days of arraignment on the information. At the pretrial conference the judge will ask whether you waive time. A general time waiver stops the clock entirely until you withdraw it. A limited waiver, often described in court as waiving with a set number of days, keeps a shorter clock running.
Why most defendants waive. Without a waiver the defense has weeks to obtain the evidence, interview witnesses, and file motions, which is rarely enough. Waiving time also lets the defense complete counseling, restitution, or community service that improves the offer. Refusing to waive is a tactical choice that can force a prosecutor with an unavailable witness into a dismissal, and it is used deliberately in cases where the prosecution's evidence depends on a reluctant or traveling witness. It should be a decision, not a reflex.
Withdrawing the waiver. A general waiver can be withdrawn at any pretrial date, which restarts the statutory clock. Defense attorneys use this when the case has been ready for months and the prosecution keeps continuing, or when the moment is right to force a trial date.
Motions That Get Set at the Pretrial Conference
Suppression motions. If the stop, the search, or the arrest was unlawful, the defense files a motion under Penal Code section 1538.5 and the court sets an evidentiary hearing where the officer testifies. In a felony the motion is often combined with the preliminary hearing. A successful motion frequently ends the case or transforms the offer. We explain the mechanics in our 1538.5 motion guide and our guide on when police can search your car.
Pitchess motions for officer records. When the defense contends an officer used excessive force, fabricated a report, or has a history of dishonesty, a motion under Evidence Code section 1043 and Pitchess v. Superior Court asks the court to review the officer's personnel file in chambers and disclose relevant complaints. The motion is filed and heard between pretrial dates.
Motions to dismiss after the preliminary hearing. In a felony, a motion under Penal Code section 995 challenges whether the preliminary hearing evidence supported the charges in the information. It is set at the post-preliminary hearing pretrial and must be filed within the time the statute allows.
Diversion requests. Misdemeanor diversion under Penal Code section 1001.95, mental health diversion under Penal Code section 1001.36, and military diversion under Penal Code section 1001.80 are requested at or before the pretrial conference, and the supporting records must be assembled in advance. Our guides on misdemeanor diversion and mental health diversion explain eligibility. Diversion is unavailable in DUI cases under Vehicle Code section 23640.
Motions to reduce or strike. A request to reduce a wobbler under Penal Code section 17, subdivision (b) can be made at the preliminary hearing or later, and a request to strike a prior strike under the rule of People v. Superior Court (Romero) is usually made before trial or at sentencing. Both are previewed at the pretrial conference because they shape the offer.
How Plea Offers Move Between Pretrial Dates
The first offer is the DA's opening position. In Riverside and San Bernardino County misdemeanor cases the first offer is frequently a standard package tied to the charge. It improves for three reasons: the defense has identified an evidentiary problem, the defendant has done something to address the conduct such as counseling or restitution, or the prosecutor is facing trial without a cooperative witness. Our guides on what prosecutors look at and what makes a criminal case weak describe how those factors are weighed.
Mitigation packages. Between pretrial dates, defense counsel assembles a package: proof of employment, character letters, proof of counseling or treatment, restitution paid, a clean record, and a written summary. Prosecutors in Inland Empire and Los Angeles County courthouses read these, and supervisors approve deviations from standard offers based on them. This is one of the highest-value uses of the weeks between hearings.
Offers usually get worse after a deadline. Many prosecutors make a pretrial offer that expires at the trial readiness conference or when the preliminary hearing begins. After that, the offer reverts to a plea to the charge as filed. Understanding the deadline and using the time before it is part of the defense plan.
Entering a Plea at the Pretrial Conference
The plea form. A misdemeanor or felony plea is taken on a written form, often Judicial Council form CR-101 or a local equivalent, that lists the constitutional rights being waived and the consequences of the plea. The court must ensure the plea is knowing and voluntary under Boykin v. Alabama and In re Tahl, and Penal Code section 1016.5 requires the court to advise of possible immigration consequences. Penal Code section 1016.3 requires defense counsel to investigate and advise on those consequences before the plea.
Plea bargains and the court's approval. A negotiated plea is governed by Penal Code section 1192.5. The court can accept or reject the bargain, and if the court later decides not to follow it at sentencing, the defendant must be allowed to withdraw the plea. A defendant who wants to withdraw a plea for good cause before judgment may move under Penal Code section 1018.
Sentencing at the same hearing. In most misdemeanor cases sentencing happens immediately after the plea. In felony cases the court usually sets a separate sentencing date and orders a probation report. Probation terms, restitution under Penal Code section 1202.4, and any protective order under Penal Code section 136.2 are set at that point, and the later availability of dismissal under Penal Code section 1203.4 depends on how the sentence is structured, as our expungement guide explains.
Common Mistakes at Pretrial Conferences
Missing the date. A defendant who is required to appear and does not appear gets a bench warrant, and the case gets harder from that point. Our guide on what happens if you miss court explains the consequences and how to clear the warrant.
Talking to the prosecutor or the alleged victim. Defendants sometimes approach the deputy district attorney in the hallway to explain, or contact the complaining witness before the hearing. In a domestic violence case the contact is itself a crime under Penal Code section 273.6 if a protective order is in place, and in any case the statements become evidence. Our guides on talking your way out of charges and how text messages are used against you cover why.
Accepting the first offer without the discovery. An offer accepted before the body camera footage or the lab result arrives is an offer accepted without knowing whether the case could have been dismissed. There is rarely a penalty for waiting one more date to see the evidence, and often a benefit.
Coming empty-handed. A defendant who arrives with proof of counseling enrollment, restitution, employment, and a reinstated license, in a case such as driving on a suspended license, gets a different conversation than one who arrives with nothing. Preparation between dates is the point of the dates.
County Practice Notes
Riverside County. Felony cases at the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the Larson Justice Center in Indio, and the Banning Justice Center are typically set for a felony settlement conference before the preliminary hearing, and misdemeanor cases for one or more pretrial dates. Our Palm Springs DUI guide walks through the desert courthouse.
San Bernardino County. The San Bernardino Justice Center, the Rancho Cucamonga courthouse, the Fontana courthouse, and the Victorville courthouse run pretrial calendars with similar structure, and the West Valley DA office handles offers at Rancho Cucamonga.
Los Angeles County. The Foltz Criminal Justice Center, Van Nuys, Pomona, Long Beach, Torrance, Compton, and Pasadena courthouses use the terms pretrial and trial readiness conference, and the City Attorney rather than the DA prosecutes many misdemeanors within the City of Los Angeles, as our Van Nuys first court date guide and Long Beach arraignment guide explain.
Orange County. The Central Justice Center in Santa Ana, the Harbor, North, and West Justice Centers use pretrial hearings with firmer standard offer policies. Confirm calendars and scheduling on each court's current website.
Frequently Asked Questions
Do I have to attend my pretrial conference?
It depends on the charge. In most misdemeanors Penal Code section 977 allows your attorney to appear for you, and in felonies you must be present unless the court allows a written waiver. Domestic violence cases and any hearing where a plea will be entered generally require your presence, so confirm with counsel before each date.
Can my case be dismissed at the pretrial conference?
Yes. Prosecutors dismiss cases at pretrial when discovery reveals a fatal problem, when a suppression motion succeeds, when a witness is unavailable, or when the defendant has completed diversion or a civil compromise. A dismissal at pretrial is the most common way a criminal case ends short of a plea.
What does it mean to waive time?
You give up the speedy trial deadlines in Penal Code section 1382. A general waiver stops the clock until you withdraw it, which gives the defense time to obtain evidence and negotiate. Refusing to waive forces the prosecutor to be ready within 30, 45, or 60 days depending on the case.
Will the judge tell me what sentence I would get?
Sometimes, through an indicated sentence. Under People v. Clancey a judge may state the sentence the court would impose on a plea to all charges as filed, but the judge cannot dismiss charges as part of a bargain, because that power belongs to the prosecutor. The indicated sentence helps a defendant decide whether to plead to the sheet rather than accept the DA's offer.
How many pretrial conferences will there be?
Usually two to four. The first tends to be a discovery status, the second is where a real offer appears, and the last is the trial readiness date where the court expects a plea or a trial. Continuances beyond that require good cause under Penal Code section 1050.
Can I change my mind after I plead at the pretrial conference?
Only in limited circumstances. Penal Code section 1018 allows a motion to withdraw a plea for good cause before judgment, and Penal Code section 1192.5 requires the court to let you withdraw if it refuses to follow the agreed sentence. Buyer's remorse alone is not good cause, which is why the decision should be made with the discovery in hand.
Gramling Law Group defends criminal cases at pretrial conferences and trials at the Riverside Hall of Justice, the Southwest Justice Center, the Larson Justice Center, the San Bernardino Justice Center, the Rancho Cucamonga, Fontana, and Victorville courthouses, the Clara Shortridge Foltz Criminal Justice Center, Van Nuys, Pomona, Long Beach, and Torrance, the Orange County justice centers, and courthouses throughout the Inland Empire, Los Angeles County, Orange County, and Southern California. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so you know the cost of taking a case through the pretrial stage before you commit. Call (909) 654-4575 or contact us through this website for a consultation.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
Related Guides From Gramling Law Group
Learn more about our criminal defense practice serving the Inland Empire, Los Angeles County, and Southern California.
We appear at pretrial conferences throughout Southern California. See our Riverside criminal defense attorney page, our San Bernardino criminal defense attorney page, our Los Angeles criminal defense attorney page, and our Inland Empire criminal defense guide.
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