What are the 2 things tested at the preliminary hearing?
The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses.
What can I expect at a preliminary hearing?
During the preliminary hearing, the prosecutor will present witnesses and evidence. The defendant would have an opportunity to cross-examine the prosecution’s witnesses and challenge the admissibility of evidence. The defense can call witnesses of its own and the defendant would have an opportunity to testify as well.
What is the most common result of a preliminary hearing?
A preliminary hearing usually has one of three outcomes:
- Go to trial. Most often, the defendant is held to answer (or “bound over”) for trial on the original charge.
- Reduced charges. Sometimes, when the charge is a felony, the judge may reduce the charge to a misdemeanor or a less serious felony.
Why would they cancel a preliminary hearing?
A defendant might waive the right to a preliminary hearing for several reasons, including the following. Avoid publicity. The defendant intends to plead guilty and wants to avoid publicity (and expense, if the defendant is represented by private counsel). Minimize further damage.
Is a preliminary hearing good or bad?
From a strategic standpoint, the Preliminary Hearing is a very important event for the defense. It is typically your attorney’s first opportunity to meet with police and prosecutors to discuss your case and get a better understanding of what the prosecution is thinking in terms of resolving a case.
Who attends a preliminary hearing?
Other than in exceptional cases, the representatives from both parties must be in attendance at a preliminary hearing. Where the Tribunal need to decide a preliminary issue, witnesses may also need to attend.
What do you wear to a preliminary hearing?
For Summary Trials, Preliminary Hearings, & Pretrial Conferences: Wear Khakis (tan), black or blue dress pants. Wear a button-down shirt (conservative Colors are best) Wear a tie (not required, but favorable)