Understanding the Preliminary Hearing
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by: arnoldbosel
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Word Count: 527
Date: Wed, 2 Nov 2011 Time: 7:57 AM
What is a preliminary hearing? Ask any attorney in Frederick, MD this question and you will get the same answer. It's the hearing during which the government must prove to the judge that there was probable cause for your arrest and that there is sufficient evidence to charge you. This is one of the most critical steps in the criminal proceedings because it gives you an early opportunity to prove your arrest was not valid and the case should be dismissed.
A preliminary hearing is held when you have been arrested for a felony offense. The court proceeding is also called a probable cause hearing. You will be expected to attend the hearing, but your attorney will represent you and do most of the talking. A defendant does not try to present a defense at this hearing. On the contrary, the goal is to convince the judge to dismiss the case due to lack of probable cause. In that event there would be no need for a defense.
Anyone Charged with a Felony Wants a Preliminary Hearing
The preliminary hearing benefits those people who have been incarcerated and cannot post bond because they get an opportunity to show they should not have been arrested. Without the preliminary hearing, you could stay in jail many months and never get a chance to explain why you should not be there.
However, even people on bond and represented by an attorney in Frederick, MD will want a preliminary hearing since it's a chance to show that probable cause does not exist. You attend the hearing, but normally victims do not. The witness is usually the police officer who investigated the crime or the officer who made the arrest.
It is important to understand that a dismissal by a judge does not rule out a grand jury indictment. If a grand jury were to indict you then probable cause has already been proven. You may also be handed an indictment without any prior knowledge that a grand jury was called to review your case. If that happens, you will not be entitled to a preliminary hearing.
Dismissed or Bound Over
If the preliminary hearing leads to a dismissal, you are released from jail and/or all charges. If the judge believes there is probable cause then your case goes to trial court. It is bound over to another court for handling. The judge will also review any bail that has been set and decide if it should be reset or continued.
Your defense attorney in Frederick, MD will pay close attention to anything the prosecutor says during the preliminary hearing. This is his first chance to find out what evidence there is against you that the prosecutor has to prove you should have been arrested and charged. That is yet another reason why anyone charged with a felony should request a preliminary hearing.
An experienced attorney will use every legal means possible to insure your rights are protected from the preliminary hearing to the final disposition of the case. It's the only way you are assured that your side of the story is told and fairly considered according to the law.
About the Author
The author of this article is working for a www.wardlawoffices.com. If you want to know more about Attorney Frederick, MD or Defense Attorney Fredrick, MD, than please visit the website linked here.
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