Preliminary Hearing And Everything You Need To Know About It
Before you are going to get to the trial, you are going to go to the preliminary hearing. This basically implies that you are going the trial that will take place before the actual trial. During the time of that hearing, the judge will not be establishing if you are guilty or not. The preliminary hearing is meant to discover if there is enough evidence to go to the trial in the first place. The judge is going to use the so-called “probable cause” standards in order to determine if the case is eligible for the trial. There has to be enough evidence to present to the jury.
Hence, the judge will need to review all the evidence that is going to be provided by the prosecutor. It is the job of the prosecutor to demonstrate that there is evidence pointing out the need for the case to proceed to the trial. The prosecutor will be using all the available evidence, including witness testimonials, police reports as well as any available physical evidence too. On the other hand, your legal representative will need to prove that there is not enough evidence for the case to go to trial. Hence, the lawyer will be able to use witness reports as well, physical evidence and any other crucial facts. Needless to say, not every single case will go to the trial, especially in case that we are talking about a serious felony. There is also the possibility that the jury will resolve the matter and will decide whether the case will need to go to the trial. Finally, do not forget that a plea bargain may help you deal with the matter properly. A good plea bargain may be a better option indeed.
Sure enough, the rules of preliminary hearings may differ from state to state, but one thing is common for every single state – preliminary hearing offers the one of a kind possibility to get the case dismissed before it goes to trial. Therefore, in case that you are hoping to avoid going to trial and wish to minimize the legal damage, you will need to act quickly. This means that you will need to get in touch with a qualified as well as genuinely attorney at the earliest opportunity. A good lawyer will be able to get things done properly – he will know how to approach the judge, the prosecution and the jury if necessary.
Furthermore, avoid using the services of a state attorney – these guys simply do not have the time to devote to your case. A professional lawyer specializing in Sacramento DUI will be able to invest all of his efforts into the case and will make sure that he will do his best in order to get the case dismissed or reduce charges before the trial. He will use the preliminary hearing in order to make the most from your defense and will help you the most.