Criminal defense attorney Michael Becker explains what happens during a preliminary hearing.
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When someone is suspected of a crime by police, and the district attorney's office wants to proceed with a case against that suspect, the prosecutor in the case first needs to file criminal charges. After criminal charges are filed against the suspect, the next step in the process is normally a preliminary hearing in front of the judge.
During a preliminary hearing the prosecutor will try to convince the judge that sufficient evidence exists for the suspect to stand trial. The prosecutor only needs to show probable cause that the suspect committed the crime, and does not need to prove guilt beyond a reasonable doubt, so normally the judge sides with the prosecutor and allows the potential trial to move on. In the rare cases where the prosecutor is not able to show probable cause, the criminal charges are dropped, and the suspect is allowed to walk free.
However even if the prosecutor is victorious in convincing the judge of probable cause against the defendant, a skilled and experienced criminal defense attorney can take advantage of a preliminary hearing to help their client's defense immensely.
3 ways a criminal defense attorney can take advantage of preliminary hearings include:
1.) Building a foundation to impeach the prosecutor's witnesses by getting them to make incorrect statements.
2.) Preserving witness testimony so that it is on the record.
3.) Evaluating the strength and weaknesses of a case so that you can effectively plan the trial.
4.) Providing a basis for potential plea bargain negotiations in case a settlement is better for the client.
If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
