what to ask your lawyer in a prelimeary hearing

The preliminary hearing is the building block of your defense. Ask for a continuance or request a public defender. You can represent yourself on a speeding ticket but not a murder charge.

Full Answer

Do you need a criminal defense lawyer for a preliminary hearing?

If you have an upcoming preliminary hearing, you need representation from an experienced criminal defense lawyer immediately. Attorney Crichton has won dismissal of numerous preliminary hearings as well as getting the most serious charges downgraded on many occasions.

Should I waive my preliminary hearing?

Even if there is enough evidence to hold you over for court, the Preliminary Hearing is an excellent chance to question witnesses on the record, develop your case theory, and gather evidence to later impeach those witnesses at trial. If you waive your preliminary hearing and then decide to proceed to trial, you will be at a serious disadvantage.

What is a preliminary hearing?

A Preliminary Hearing is the first hearing scheduled after Preliminary Arraignment and arrest. Simply, put, a Preliminary Hearing is the best and earliest hearing to have the charges against you dropped, downgraded or dismissed. it is imperative that you have a lawyer at Preliminary Hearing.

What happens when a police officer conducts a hearing?

When a police officer conducts the hearing it is much more likely to be held for court, but it is also easier to get charges reduced if the Defendant did not give the police officer a hard time during arrest. ALWAYS be courteous to the arresting officer!

What is the goal of the preliminary hearing?

The goal of a preliminary hearing is to screen cases—weeding out weak cases and protecting defendants from unfounded prosecutions. Unofficially, however, each side uses the preliminary hearing to check out the other side's evidence.

How do you prepare for a pre hearing?

Steps to Prepare for Your HearingReview the Order Following Prehearing Conference. ... Request an Interpreter, If Needed. ... Contact Witnesses, Get Subpoenas for Witnesses and Documents. ... Prepare Your Witness List Well in Advance of the Hearing. ... Read the Evidence from the Other Parties. ... Prepare the Questions for Your Own Witnesses.

How do you question a defendant?

You must ask questions beginning with words such as Who, What, Where, When, Why, How, Describe, Tell, Explain, etc. You should ask questions that allow the witness to provide her own answer. For example, “Witness, what did you see at the intersection of A and B streets?”

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

Who attends a preliminary hearing?

Who needs to attend? 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.

Can you go to jail at a preliminary hearing?

It is very unlikely that you would go to jail at the preliminary hearing. The court's job is not to find the defendant guilty or not guilty. Instead, the judge's role is to determine whether there is enough evidence for the charges to proceed to the Court of Common Pleas for trial.

What is a good question to ask a judge?

Good questions to ask the judge include the following: “How do you like being a judge?” “How did you decide to become a judge?” “What was the most important thing that helped you become a judge?”

What are leading questions in court?

As indicated by the term, a leading question is one that leads a witness to an answer, by either suggesting the answer or by substituting the words of the questioning attorney for those of the witness.

What is an example of a leading question in court?

Examples of leading questions in Law include: How fast did the defendant appear to be driving? You traveled to New York on the 15th of January, 2019, didn't you?

What kind of evidence tends to prove a defendant's innocence?

Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt.

What is the Brady Rule?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

What is the Giglio rule?

In the 1963 Brady v. Maryland case, the Supreme Court held that prosecutors must disclose any exculpatory evidence to the accused material to his guilt or punishment. Subsequently, in the 1972 Giglio v.

3 attorney answers

This is a serious matter. I understand that you have not received any callbacks from your attempts to retain counsel. Nonetheless, it is my advice that you do whatever you can to retain counsel prior to the preliminary hearing. The preliminary hearing is a crucial step in the criminal justice process, and it should not be wasted.

Jackson Boyd Whetsel

I agree with Mr. McKinney. You must obtain an attorney. These are serious charges with incredible consequences. Don't go it alone. Instead of using these forum questions, contact an attorney directly. Setup a consultation, and obtain representation.

Daniel Ufford

Please do not represent yourself at a preliminary hearing. The preliminary hearing is the building block of your defense. Ask for a continuance or request a public defender. You can represent yourself on a speeding ticket but not a murder charge. More

What to expect at a preliminary hearing?

First, the judge listens to arguments from the prosecutor and then from the defendant's attorney.

What happens if a preliminary hearing goes poorly?

However, if the hearing goes poorly for them, the defense may be able to negotiate better terms, or have the case dismissed altogether. Thus, the timing of negotiations and agreements around preliminary hearings should be carefully considered.

What is the difference between preliminary hearing and arraignment?

In contrast, an arraignment is where the defendant may file their pleas. For a preliminary hearing, the judge uses the "probable cause" legal standard, deciding whether the government has produced enough evidence to convince the jury that a crime was committed and that the defendant committed the alleged crime.

Is there a preliminary hearing in every case?

Preliminary Hearing -- Not in Every Case. A preliminary hearing may not be held in every criminal case in which a "not guilty" plea is entered. Some states conduct preliminary hearings only when a felony is charged, and other states use a "grand jury indictment" process.

Can a prosecution offer a plea offer before a preliminary hearing?

The prosecution may offer its most favorable plea offers prior to a preliminary hearing since they have invested little effort in the case early in prosecution; if the preliminary hearing goes very well for them they may be unwilling to offer a plea at all.

Why is it important to challenge evidence at a preliminary hearing?

The defenses’ ability to challenge evidence at a preliminary hearing is why it is such a crucial step in the criminal justice process. For example, if a defendant is accused of Aggravated Assault (F1), it is possible to challenge the complaining witnesses injuries to see if they reach the level of “serious bodily injury” which is required by ...

What is preliminary hearing?

Published: January 19, 2019. A Preliminary Hearing is the first hearing scheduled after Preliminary Arraignment and arrest. Simply, put, a Preliminary Hearing is the best and earliest hearing to have the charges against you dropped, downgraded or dismissed. it is imperative that you have a lawyer at Preliminary Hearing.

What are preliminary hearings in Philadelphia?

Preliminary Hearings in the counties surrounding Philadelphia are quite different. Instead of at the county courthouse they often take place in front of Magisterial Judges, who may have offices in small strip malls or the back of police stations. It can be quite a different experience than in the Philadelphia Criminal Justice Center. In the counties, Defendants also receive preliminary hearings for misdemeanors as well as felonies. Therefore, there are some pros and cons….in the counties you have a much better chance of working out a diversionary program or reduced charges at the Preliminary Hearing without having to go to the county courthouse at all. In these instances, the Commonwealth may simply dismiss the charges after community service or payment of a fine.

What happens if you waive your preliminary hearing?

If you waive your preliminary hearing and then decide to proceed to trial, you will be at a serious disadvantage. There have been numerous times, an inconsistent statement made by a witness during preliminary hearing have resulted in a not guilty at trial.

What is the standard for a prima facie case?

At trial, the Commonwealth has to prove their charges beyond a reasonable doubt, during a preliminary hearing the Commonwealth must only show that there was probable cause that a crime was committed and more than likely the Defendant was the one who committed it. This standard is often referred to as a prima facie case.

Where are preliminary hearings held in Pennsylvania?

The hearings take place at the Juanita Kidd-Stout Criminal Justice Center located at 1301 Filbert Street , Philadelphia, Pa 19107. A preliminary hearing may appear to be like a trial, but it is not. At trial, the Commonwealth has to prove their charges beyond a reasonable doubt, during a preliminary hearing the Commonwealth must only show that there was probable cause that a crime was committed and more than likely the Defendant was the one who committed it. This standard is often referred to as a prima facie case. If the Commonwealth establishes this evidence the Defendant is then “held over” for Court and the litigation continues. A preliminary hearing is not a motion to suppress, where the Defense may argue the police action was unconstitutional or the proper venue to argue that the witness is lying; however, there are several ways to win at a preliminary hearing.

When a police officer conducts a hearing, is it more likely to be held for court?

When a police officer conducts the hearing it is much more likely to be held for court, but it is also easier to get charges reduced if the Defendant did not give the police officer a hard time during arrest . ALWAYS be courteous to the arresting officer!