Preliminary All Hearing With An Appeal
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How to fill out Assertion Of Right To Be Present?
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FAQ
A preliminary hearing usually has one of three outcomes: Go to trial. Most often, the defendant is held to answer (or "bound over") for trial on the original charge. Reduced charges. Sometimes, when the charge is a felony, the judge may reduce the charge to a misdemeanor or a less serious felony. Dismissed!
A preliminary hearing has been described by many attorneys as a method for a court to screen out cases that cannot be later proven at trial. The court's job is to weigh the evidence. The hearing can last as little as ten minutes or even stretch into several days in complicated cases.
The purpose of a preliminary hearing is for a judge to determine if there is probable cause that a criminal offense has occurred and that there is a reasonable suspicion that you have committed it. Preliminary hearings are rarely granted in the state court system.
The most common outcome is to get bound over for trial; however, an experienced defense attorney can take the opportunity to get the charges dropped or dismissed. In those cases, no further hearings are necessary.
The Magisterial District Judge is prohibited from granting more than one continuance to each party. Any subsequent continuance by either party may be granted only by the President Judge, or his designee, upon completion and with just cause shown on the approved aforementioned continuance request form.