Alabama Motion For Preliminary Hearing
About this form
The Motion for Preliminary Hearing is a formal request made by a defendant in a criminal case seeking to have a judge review the evidence presented by the prosecution before a trial. This motion allows the defendant to contest the charges at an early stage, which is crucial for determining whether the case should proceed. Unlike other motions, this specific form focuses on the preliminary stages of the legal process, ensuring the defendant's rights are protected and that there is sufficient evidence to go to trial.
Form components explained
- Case information: Includes details such as the county and case number.
- Defendant's request: A clear statement requesting a preliminary hearing.
- Attorney details: Space for the defendant's legal representative to sign and provide contact information.
- Certificate of service: A section to certify that all relevant parties have been notified of the motion.
When this form is needed
This form should be used when a defendant wishes to challenge the prosecution's evidence early in a criminal case. It is particularly relevant in situations where the defendant believes that the case lacks sufficient evidence, or there are legal grounds to contest the charges. Filing this motion is an opportunity to present arguments before a trial begins, potentially leading to a dismissal of the case or reduced charges.
Who this form is for
- Defendants in a criminal case who are represented by an attorney.
- Individuals who wish to contest charges at the preliminary stage of their case.
- Those seeking legal protection of their rights before going to trial.
Steps to complete this form
- Identify the case information: Fill in the names of the parties involved, the county, and the case number at the top of the form.
- State the motion clearly: Articulate the request for a preliminary hearing in the designated section.
- Provide attorney information: Ensure the defendant's attorney signs and includes their contact details.
- Complete the certificate of service: Fill out the section detailing how and when the motion was served to the district attorney.
- Review for accuracy: Double-check the completed form for correctness before filing with the court.
Notarization requirements for this form
This form does not typically require notarization unless specified by local law. Always check local court rules to ensure compliance with specific requirements in your jurisdiction.
Mistakes to watch out for
- Omitting required case information such as case numbers or party names.
- Failing to sign the form, particularly by the attorney representing the defendant.
- Not providing proper certification of service to the relevant parties.
- Submitting the motion after deadlines or without consultation with legal counsel.
Benefits of completing this form online
- Convenience: Download and complete the form from anywhere without needing to visit a legal office.
- Editability: Easily modify the form to fit specific case details before printing and filing.
- Reliability: Forms are prepared by licensed attorneys, ensuring compliance with legal standards.
Form popularity
FAQ
At the pre-preliminary hearing conference, the defense and prosecution meet to discuss a possible plea bargain on the case.After hearing all the witnesses and viewing all the evidence presented, the judge decides whether the prosecutor has established probable cause to support the charges.
Is there probable cause to believe the alleged crime occurred and did it occur within the court's jurisdiction? Is there probable cause to believe that the defendant committed the crime?
An arraignment is a pre-trial proceeding, sometimes called an initial appearance. The criminal defendant is brought in front of a judge at a lower court.
Investigation. Charging. Initial Hearing/Arraignment. Discovery. Plea Bargaining. Preliminary Hearing. Pre-Trial Motions. Trial.
In a preliminary hearing in Los Angeles and in all other counties, an accused is entitled to be present, to have a lawyer present and, with certain exceptions to cross examine the witnesses who testify against him or her at the preliminary hearing.
Preliminary hearings are heard by the District Court Judge in the Alabama County in which you were arrested.On occasion, usually in more serious cases with an incarcerated defendant, the State will call additional fact witnesses to establish the identity of the defendant or to ensure the Court finds probable cause.
Some of the rights afforded defendants during a preliminary hearing include:Defendants can successfully have their charges dismissed if they prove a prosecutor's case lack sufficient evidence to prove that a crime occurred.
The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses.If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled.
If you are held for court, the next step in the process is arraignment.
