Legal Question in Criminal Law in California

Can i be forced to go trial without my consent and im out on bail

Asked on 3/03/19, 10:22 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Yes, unless you enter some kind of plea bargain or other resolution with the prosecutors. Criminal defendants are not asked for their consent to be arrested or prosecuted or jailed. That would kinda defeat the whole adversarial system wouldn't it?

Sounds like you need an experienced criminal defense attorney, to inform you about the facts of life in court, and to defend /protect your rights as much as possible under the admissible facts, evidence and testimony available. If serious about hiring counsel, feel free to contact me.

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Answered on 3/04/19, 10:16 am
Edward Hoffman Law Offices of Edward A. Hoffman

Of course you can, unless the prosecutor has defaulted or you've been convicted already. Even then, a successful challenge to the judgment, either in the trial court or on appeal, can clear the way for a trial. If the government could only prosecute defendants who agreed to be prosecuted, then none would agree and our criminal laws would be meaningless.

I generally agree with Mr. Nelson's point about plea bargains. But defendants sometimes renege on those deals. When that happens, they can still be brought to trial. And I completely agree with him that you need a lawyer if you've been charged or expect to be.

Good luck.

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Answered on 3/05/19, 11:54 am

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