Criminal Defense Attorney For A Preliminary Hearing

A preliminary hearing is usually a defendant’s first opportunity to learn prosecutors’ evidence against them. The criminal defense lawyer needs this information to craft a persuasive case to work hard to get you a favorable outcome.

This article aims to identify and assess critical issues relating to preliminary hearings, including the types of cases in which they are typically held and their rules and procedures.

As you prepare for your preliminary hearing, consider the different tactics you can use. You will want to keep several strategies in mind, each of which can be used to assist your criminal defense with the help of The Irving Law Firm.

Preliminary Hearing

In the legal procedure of the United States, a preliminary hearing is an evidentiary hearing or other proceedings before a magistrate judge to determine if there’s probable cause to hold an individual for trial or sentence.

A judge assesses whether there is enough evidence to send a defendant to trial after hearing the state’s case at a preliminary hearing. The defense can refute the prosecution’s claims with proof but is free of the need to do so. 

A court must drop charges if there is insufficient evidence to support a finding of probable cause. In this way, it would  shield the accused from false accusations during a preliminary hearing. 

Instead of a formal preliminary hearing, certain jurisdictions rely on grand jury processes. A grand jury comprises random citizens and hears testimony from the prosecutor. 

No judge is present, but the grand jury has been ordered to apply a standard of “probable cause” in determining whether or not there is evidence to proceed with an investigation. If the jury decides enough proof, they’ll issue an indictment, and the defendant must go to trial.

What Happens At A Preliminary Hearing?

A preliminary hearing may be a small trial. The prosecution can present witnesses, physical evidence, or written and recorded evidence to establish that the defendant most likely committed the crime. 

Because a preliminary hearing is not a full-fledged trial, the prosecution will likely only present the facts necessary to show probable cause rather than the entire case.

In a hearing, the rules governing admissible evidence may be less strict than in a trial; for instance, hearsay might be allowed. It implies that the prosecutor is not obligated to call the witnesses the police officer interviewed as witnesses at the hearing. The officer can testify about what the witnesses told him. Each state has laws and constitutions that dictate how and what happens in preliminary hearings.

How To Prepare For Hearing

A criminal trial’s numerous hurdles, such as procedural ones, can be cleared away at a pretrial hearing. The court may order a pretrial hearing, but the defendant may also request one.

Some essential things to prepare for a pretrial hearing are discussed below.

Talk To Criminal Defense Lawyer

You can evaluate your case with your attorney beforehand to ensure that any potential concerns are adequately addressed rather than waiting until right before the pretrial hearing.

Record Critical Scenes

It would help if you documented the events that transpired after your arrest or charge so that you can be well-prepared to discuss them at your trial. Locations of witnesses, statements made, comments made by police enforcement, and a timeline of events are all facts that can be valuable to record.

Investigate Police Report

If you contact your lawyer in time for a pretrial hearing, they will likely be able to give you a copy of the police report. Read this report carefully to find out what information the responding officer got right and wrong. 

Discuss Your Concerns 

Talk to your criminal defense attorney about your worries so they can be addressed in the pretrial meeting. If it violates your constitutional rights during your arrest, You may use your police report to get your charges lowered or dropped altogether.

Summary

If you face criminal charges in Virginia, you will likely be required to appear in a preliminary hearing. This hearing aims to help the judge decide whether or not there is sufficient proof to hold a trial. The case will be sent to trial if the judge finds enough evidence. The case may be dismissed if the judge does not find enough evidence.

Preparing for a preliminary hearing can be daunting, but you can do several things to make the process easier. First, consult an experienced criminal defense attorney at The Irving Law Firm. In addition, it would be beneficial to read through the hearing report and the evidence submitted supporting the case.

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