Preliminary Hearing

Question: preliminary hearing...? I may be overthinking this but I don't want to look like an idiot tomorrow. A preliminary court hearing (specifically for a dui) Is just where you show up and plead guilty or not guilty correct? And I don't need an attorney (In this case a pd) for this appearance....or am I wrong and screwed when I go into court tomorrow?

Answer: Sorry, but you already look like an idiot. Procedures are different in every state. In my state, if a case was scheduled for a "preliminary hearing" that would mean that the charge was a felony (such as in killing someone while dui). The preliminary hearing would be a hearing in which the prosecutor presented evidence to try to convince the judge that there was enough evidence to require you to stand trial. You would definitely need a lawyer. That same term could have a different meaning in other states.

Question: Preliminary Hearing? I have preliminary hearing tomorrow and was wondering will i be able to give the evidence I have that I was scammed and the probability of it getting dismissed with this evidence. Here is the case: Hi I am a college student, and live in Pa. I received a check in the mail for 3251 dollars from a fake company called iRecruit. I cashed the check at a check cashing place and sent about 2800 back to the people (please don't tell me I was stupid.....I know!) Now I am being charged with fraud. I want to know since this is my first offense will I receive jail time? I was told I would receive community service and probation and I can pay 150 to get it off of my record. I am so scared and have no idea what to do. I have never so much as getting a traffic ticket and now I can be going to jail. I was thinkg about going back to the check cashing place and asking if I repay the money will they drop the charges. I really wasn't thinking at the time, I was a college student and was broke!

Answer: A preliminary hearing is exactly what it sounds like. It is a hearing in which the Judge will formally read you the charges and penalties. He/she will ask you at that time if you intend to plead guilty or not guilty. If you plead guilty then your evidence can be presented and the Judge can sentence you right then and there. If you plead not guilty, then the Court will ask you what your plans are for counsel and set court dates further down the road. Sounds like you may need some legal assistance thought. Best of luck to you!

Question: What should I expect at a preliminary hearing, as the victim? I witnessed someone damaging my personal property, the man was arrested and spent the night in jail after doing enough damage for felony charges. I was asked to write a "victim impact statement", which I did. Then I received a letter the other day informing me that I have the right to be at the preliminary hearing. I want to be there, but I don't know what to expect. I wasn't subpoenaed by the court, so do I have to do/say anything at this hearing? Does it even make a difference in the case if I attend the preliminary hearing?

Answer: If you are not supposed to testify, then you will be watching the proceedings only. It will look like an abbreviated trial. The officers and other subpoenaed witnesses will testify, and the judge will determine whether there is enough evidence to proceed to a trial.

Question: What happens at a preliminary court hearing? I know someone who has been charged with murder and they have a preliminary hearing at county court. What happens at a preliminary hearing?

Answer: For a major crime like murder there are likely to be several preliminary hearings. They cover mostly procedural issues such as formally entering the charges and plea, appointing defense counsel, motions regarding things like venue, jury selection, etc etc etc. Richard

Question: How many times does a preliminary hearing get put off before the charge is thrown out in the State of MS? A friend of mine has a felony charge for 0.2 grams of cocaine possession. He has been to his preliminary hearing 3 times already and 3 times they have put it off (rescheduled). Shouldn't it be put off or been given time served considering he has been sitting in jail for over 2 months.

Answer: The 6th Amendment states that you have a right to a speedy trial. That is interpreted by the court. If your friend has an attorney then the lawyer needs to be addressing this with the judge. It will depend why the case is being put off.

Question: What should I expect at a preliminary hearing? My court date is a month away, but my Preliminary Hearing is in a couple days. What should I expect during this? I've never been to court before... In what way should I prepare? I already plan on arriving early and in decent clothes obviously.. Thanks all.

Answer: Read this: http://en.wikipedia.org/wiki/Preliminary_hearing

Question: How long after arrest does the state of Kansas have to bring a defendant to a preliminary hearing? A friend has been in jail unable to post bail for more than three months now without ever having been given a preliminary hearing; what are his rights?

Answer: A preliminary hearing is where they read the charges against him and set the bail. No one should be in jail without the charges being read to them for more than 3 working days. If your friend is in that position, then they would have their civil rights violated and could sue the state. If this is really happening, then call the Civil Liberties Union and report this to them. They can get attorneys there and get this resolved very quickly and free of charge.

Question: Should i hair a criminal lawyer before my Preliminary Hearing or should i wait till after the hearing? I have a drug case selling 258g of cocaine to a CI. I have a court appointed lawyer but im thinking about getting a private lawyer my question is when should i hire my lawyer? Should i hire him before my Preliminary Hearing or after? Thank you Sorry it should be hire not hair. My Preliminary Hearing is set for Oct 27 at 1 pm will a new lawyer have time to prepare?

Answer: selling 258g of cocaine??? Dude call a LAWYER ASAP!!!!!!!!!!!!!!!!!!!!!

Question: What happens after the preliminary hearing when a person has been bound over for trial in Oklahoma courts? What are the rules of procedure for the Oklahoma 11th judicial court hearings that are set after the preliminary hearing when a person is bound over for trial in a criminal case?

Answer: The defendant stays in jail.

Question: What happens after you if you wave your right to a preliminary hearing? WHat is the next step? My ex waved his preliminary hearing. He was charged with attemp to possess a controlled substance, conspiring to attempedto possess a controlled substance and possession of controlled substance. I am just wondering what comes next ?

Answer: His attorney can attempt to plea bargain, if he is willing to plead he can try to agree with the state as to what his sentence should be. If he didn't commit the offense he still has the right to go to trial, and make the state prove to a jury of his peers that he did the crime in the allegation beyond a reasonable doubt. Then sentencing. If he is a first time offender he will likely be placed on probation.

Question: What can I expect to happen at the preliminary hearing tomorrow? I'm in Texas and I've been charged w/ a couple of felonies, what can I expect at the preliminary hearing tomorrow?

Answer: jail or sew or_____________________

Question: Can a prosecutor change the crime that a defendant is being charged with after the preliminary hearing? Someone is currently being charged with resisting and obstructing a police officer. He has only been to the preliminary hearing, not trial. He's afraid that if he does not accept the plea agreement, that the prosecutor will change his charge of an R and O to fleeing and alluding, a crime with a longer sentence. Is it possible to change the charges now with no new evidence?

Answer: YES amended charging documents are quite common in court, it is unlikely that they would but they can.~

Question: What goes on in the incorrigible preliminary hearing in WV? I have a preliminary hearing coming up on July 9th and I was wondering....what all goes on during this? I mean am I going to be carted away to juvy or do I still have time to get this all sorted out and will I get another hearing? How far is the second hearing from the first? Any information on this would be great!! Thanks.

Answer: Preliminary hearing Definition : a hearing held after a criminal defendant's first appearance in court esp. for the purpose of determining whether there is probable cause to believe that the defendant committed the felony with which he or she is charged !~!

Question: What is the purpose of a bail interview prior to a Preliminary Hearing? If you were arrested but never placed in holding, fingerprinted, issued a mug shot, etc what is the purpose of attending a Bail Interview prior to a Preliminary Hearing? Is this nescessary to attend if your arrest was non-related to bail in anyway even if you were given a notice to attend a bail interview?

Answer: Where I am a preliminary hearing is only held for felony charges. A “Bail Interview� is probably going to be performed by a ‘pre-trial services’. What they do is to assess the person for release and it is an administrative staff function. Pre-trial then completes a report which is considered as a factor at a bail hearing. From your question it doesn’t sound as though the person is in custody. In that event pre-trial may be just jumping through the paces. If the person is not in custody then the magistrate set bail. That worksheet is now in the clerks folder. That worksheet or the pre-trial sheet will give a preliminary criminal record history. My best guess is that the person will be taken into custody the next time they are in court. The sheriff needs to process them, fingerprints, picture….. and their release from that (probably only an hour or so) will depend on the magistrate sheet or by that time, the pre-trial services ‘bail interview’ sheet. This sounds like it may have been a direct indictment for an older crime. In any event, the bureaucracy needs to run its course and YES it is necessary to attend everything the court tells you to attend. What you wouldn’t want right now is to be seen as uncooperative and be held for the next three months without bail pending the felony trial.

Question: If the charging police officer does not show up for a preliminary hearing will it be dismissed? If the officer who filed the charging documents does not show up for the preliminary hearing, will it be dismissed? What will happen if its dismissed? Can they refile? Is this common?

Answer: Yes, it is possible for the judge to dismiss the case. It is also possible for him to reschedule it. It depends on the reason the officer didn't show, and how many times he has done it before. There are two types of dismissals: with or without prejudice. With prejudice means there is a finding of guilt or innocence by the court, and charges can not be refiled. Without prejudice means no finding, and they can be refiled. No, it is not common for officers to miss court. My department gets two hours overtime for court, some departments in my area get four. You also run the risk of being disciplined by the department for missing court, and the judge and prosecutor will not appreciate you wasting their time. No officer wants to get on the bad side of their prosecutor or judge.

Question: if at the preliminary hearing the case is dismissed how long before an inmate is released? if at the preliminary hearing the case is dismissed how long before an inmate is released?

Answer: It could be up to 12 hours or even the next day. It depends on how the defendant treated the officers.

Question: What happens, step by step, in a preliminary hearing? If it is a criminal case of law, what, typically, happens at a Preliminary Hearing?

Answer: During the preliminary hearing (usually within 10 court days of the arraignment), the district attorney’s office must present evidence showing a reasonable suspicion that a crime was committed and that you did it. The judge must be convinced that there is sufficient evidence to bring you to trial. If the judge does not dismiss the charges after the preliminary hearing, a jury trial date will be set.

Question: If a CI set somebody up on a drug deal and that CI showed up at the deffendents preliminary hearing to testify? If a CI set somebody up on a drug deal and that CI showed up at the deffendents preliminary hearing to testify against him already, does he have to show up at any other court dates to testify again? At an Arraignment Hearing or anything?

Answer: no

Question: Tomorrow I go for a preliminary hearing, I'm trying to get supervised visitation when my daughter visits? Her dad because he's bipolar and has anger. Abusive anger,and he's been physical to me. He has no license and I use to take my daughter to see him. He threaten me and said he's taking me to court. I did it first. I don't feel safe and I don't' want my daughter to be alone with him until he seeks professional help for his mental breakdown he's been hospitalized for and his anger. Advice? What to expect a preliminary hearing?

Answer: You need to be as prepared as you possibly can be.. have police reports, witness statements, anything that you can possibly think of that might help your case.. better to have too much than not enough.... Often in these cases it is the one who is the most prepared who wins.... I tried for 2 years to get only supervised visitation with my ex but because he had only beat me up they continued to allow him overnight visits. The second summer he had them for two weeks and when I picked them up my son had not bathed or even changed his socks or underware the entire 2 weeks... he also had a large wound on his arm that had not been cared for and was infected. I drove straight to the ER. I had the doctors document the state he was in.. unwashed, filthy, they talked to him about his visit with his dad and believed that my ex spent the entire 2 weeks either sleeping or getting high (they smoked pot in from of both the kids)..... they documented the nature and seriousness of the injury (that it would have required a dozen stitches but it was much too late for that).. they treated the infection and showed me how to care for the wound which took 3 months to heal..... AND they called child protective services so a social worker came to the ER and could document it for herself. He was immediately denied visitation until after a hearing at which time he was given supervised visitation and no overnights...... Really really sucks that it had to get to that state and that my children had to go through that but family court can be very hard headed abotu ensuring that a father has a relationship with his children..... Be prepared, prepared, prepared..... it may not do any good but it is your only hope.

Question: are the initial appearence and the preliminary hearing on the same day? are the initial appearance and the preliminary hearing on the same day in the same court sitting, or are they held at different times? and are you bound over by the grand jury and prepared for arraignment during the preliminary hearing?

Answer: They are the same thing - different words. "After the police have arrested a crime suspect, the suspect is entitled to a preliminary hearing. Designed as a safeguard against unreasonable arrest and detention, the hearing is conducted to determine whether there is sufficient evidence to hold the defendant for trial. State and federal rules of Criminal Procedure provide for when a hearing must be held and what issues must be raised, which depend in large part on whether the crime is a misdemeanor, gross misdemeanor, or felony. Read the link about how a Grand Jury figures into all of this: http://legal-dictionary.thefreedictionary.com/Initial+appearance The most common preliminary hearing is the initial appearance, which is also called the first appearance. Various procedural steps may be taken during the initial appearance. In minor misdemeanor cases, the initial appearance may be the only one, if the defendant pleads guilty. When the charge is more serious, the accused at the initial appearance may be informed of the charges, advised of the Right to Counsel and the right to remain silent, warned that any statement made may be used against the suspect in court, and advised of how to seek release on bail. In some jurisdictions, including the federal courts, a plea may be entered and bail may be set at this first appearance. In other jurisdictions, the suspect will not be allowed to make a plea if the offense is a felony or gross misdemeanor, and a preliminary hearing, also called a preliminary examination, will be promptly scheduled." quote