Questions About the Preliminary Hearing Process
What does preliminary hearing mean?
The preliminary examination is a proceeding that is held after the formal criminal complaint is filed by the prosecutor. The main purpose of this hearing is to make sure that enough evidence is available for the trial. The probable cause for the crime should also be present. The defense attorney need not give any kind of defense at this hearing. The individual involved in this kind of a hearing will be given a counsel in any jurisdiction. Answered below are some of the commonly asked questions about preliminary examination:
Is a stenographer or a device to record the proceedings required at the preliminary hearing?
It may not be required to get a stenographer or court reporter to a preliminary investigation. However, it may be better if the person gets a court reporter at the hearing especially since the attorney may be taking down testimonies of different people. The individual can also ask the attorney if he/she does not get a stenographer. If the stenographer is present, it can be helpful to record the witness’s testimony as evidence in case he/she backs out later.
Is the process of discovery permitted before the preliminary hearing in Pennsylvania?
If the individual formally files for the discovery process with the court, it may be permitted before the preliminary investigation. The attorney who is in charge of the case may file for the hearing.
What are the pros and cons of getting a public defender for a preliminary hearing in comparison to a private attorney?
Public defenders are experienced in conducting opening hearings and criminal proceedings on a day to day basis. However, they may be handling too many things at the same time and this can make it difficult for them to concentrate on the person’s case. In most cases, the public defenders do not speak to the client or look at the case file till the day of the hearing.
If one plans to hire a private attorney, there are some very highly qualified attorneys who have experience in first round hearings and criminal defense. The attorney may be able to get a good deal for the client if he/she has a good rapport and relationship with the defense attorney. Even if he/she is unable to get a deal with the client, the attorney can go to trial and win the case for the client. If a person chooses to hire an attorney, then he/she may have to do a little bit of background check and hire one that best suits his/her case.
A person has a preliminary hearing for a bad check in Pennsylvania. Will he/she be arrested if he/she pleads guilty? Does the person have to take any money at the hearing?
If a person has a hearing for a bad check, then there is very little chance that he/she may get arrested. The individual’s main aim should be to reach court on the day of the hearing and address the allegation that is made against him/her so that he/she can get a good deal. If the person does not have a criminal background or does not owe a lot of money, a bad check case may be considered to be a very minor issue. In such a case, a preliminary trial may be held so that a court date is decided to take the case further. The person can try and negotiate with the court or come up with a payment plan at this hearing. The individual may also repay the check by taking money to court if he/she can pay it off.
What can a person do if he/she misses a preliminary hearing because his/her lawyer did not inform him/her about it?
If a person misses a preliminary trial, the court may issue a bench warrant against him/her for contempt of court. The individual may ask the attorney to request the court for a new hearing. If the hearing is granted, the individual may get a chance to explain to his/her situation to the judge and request the court to drop the contempt charges.
A preliminary trial is the first step of a legal proceeding. It can either lead to a trial or to a resolution. What an individual does or says at this hearing can have a great impact on the result of the case. You may ask a lawyer if you have any questions or need further information about first round hearings.
The preliminary examination is a proceeding that is held after the formal criminal complaint is filed by the prosecutor. The main purpose of this hearing is to make sure that enough evidence is available for the trial. The probable cause for the crime should also be present. The defense attorney need not give any kind of defense at this hearing. The individual involved in this kind of a hearing will be given a counsel in any jurisdiction. Answered below are some of the commonly asked questions about preliminary examination:
Is a stenographer or a device to record the proceedings required at the preliminary hearing?
It may not be required to get a stenographer or court reporter to a preliminary investigation. However, it may be better if the person gets a court reporter at the hearing especially since the attorney may be taking down testimonies of different people. The individual can also ask the attorney if he/she does not get a stenographer. If the stenographer is present, it can be helpful to record the witness’s testimony as evidence in case he/she backs out later.
Is the process of discovery permitted before the preliminary hearing in Pennsylvania?
If the individual formally files for the discovery process with the court, it may be permitted before the preliminary investigation. The attorney who is in charge of the case may file for the hearing.
What are the pros and cons of getting a public defender for a preliminary hearing in comparison to a private attorney?
Public defenders are experienced in conducting opening hearings and criminal proceedings on a day to day basis. However, they may be handling too many things at the same time and this can make it difficult for them to concentrate on the person’s case. In most cases, the public defenders do not speak to the client or look at the case file till the day of the hearing.
If one plans to hire a private attorney, there are some very highly qualified attorneys who have experience in first round hearings and criminal defense. The attorney may be able to get a good deal for the client if he/she has a good rapport and relationship with the defense attorney. Even if he/she is unable to get a deal with the client, the attorney can go to trial and win the case for the client. If a person chooses to hire an attorney, then he/she may have to do a little bit of background check and hire one that best suits his/her case.
A person has a preliminary hearing for a bad check in Pennsylvania. Will he/she be arrested if he/she pleads guilty? Does the person have to take any money at the hearing?
If a person has a hearing for a bad check, then there is very little chance that he/she may get arrested. The individual’s main aim should be to reach court on the day of the hearing and address the allegation that is made against him/her so that he/she can get a good deal. If the person does not have a criminal background or does not owe a lot of money, a bad check case may be considered to be a very minor issue. In such a case, a preliminary trial may be held so that a court date is decided to take the case further. The person can try and negotiate with the court or come up with a payment plan at this hearing. The individual may also repay the check by taking money to court if he/she can pay it off.
What can a person do if he/she misses a preliminary hearing because his/her lawyer did not inform him/her about it?
If a person misses a preliminary trial, the court may issue a bench warrant against him/her for contempt of court. The individual may ask the attorney to request the court for a new hearing. If the hearing is granted, the individual may get a chance to explain to his/her situation to the judge and request the court to drop the contempt charges.
A preliminary trial is the first step of a legal proceeding. It can either lead to a trial or to a resolution. What an individual does or says at this hearing can have a great impact on the result of the case. You may ask a lawyer if you have any questions or need further information about first round hearings.
Source...