Wyoming Jury Instruction - Accomplice - Informer - Immunity
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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!
An Arraignment is the defendant's first appearance in front of a Judge after his/her arrest. The defendant (perpetrator) is formally charged and either bail is set or the defendant is released. Bail is the Judge's decision, and is based on the likelihood that the defendant will return to court.
The preliminary hearing determines whether probable cause exists that a felony has been committed, and that the defendant probably committed it. If the court determines probable cause does exist, the case is ?bound over? to district court. If the court determines probable cause does not exist, the case is dismissed.
The Wyoming Supreme Court has found that probable cause exists: ?where the facts and circumstances are sufficient to warrant a man of reasonable prudence in the belief that contraband or evidence of a crime will be found.? McGarvey v.
CONDITIONAL GUILTY PLEA Rule 11 of the Wyoming Rules of Criminal Procedure allows you to contest adverse rulings a judge made in the case, such as losing a motion to suppress, if you agree to plead guilty conditionally. The terms of the conditional plea must appear in writing and be given to the court.
A preliminary hearing in California occurs only in felony cases to decide if there is sufficient evidence. Misdemeanor cases, by contrast, either resolve by a negotiated plea, an ?open? guilty plea to the judge, or proceed to jury trial.