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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90216
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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for Missouri, criminal case, what is the difference between

Customer Question

for Missouri, criminal case, what is the difference between Criminal Setting and Preliminary Hearing? I do know that for CS the defendant does have to show up, only the attorney. I also read that for PH, if the defendant waives the PH, then it is bound over for trial. Otherwise the defendant shows up and everything is heard and it either goes to trial, something is worked out (which it is going to be) or else it is dismissed. My question is: At the PH, does the defendant have to be there? I want to be there for the case but don't want to drive 250 miles if the defendant does not have to be presnt.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
At the preliminary hearing, since facts of the case will be discussed and possibly even heard by the court, the defendant cannot waive their presence, especially since any deals made would require explaination to and consent of the defendant. The criminal setting is just where the case is set on a docket and no real facts of the case are discussed so this is why the presence of the defendant can be waived. In rare instances, the court for medical reasons or sufficient good cause can waive the appearance of the defendant at a preliminary hearing, but this really requires some extenuating circumstances more than the distance of travel to the court.


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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90216
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 5 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
The answer was what I thought it was, the defendant has to be there. I will be driving the 250 miles to stare the bitch in the face. Thanks for the informtion. It was worth the $28 and the $10 tip! Amazing what a little money can buy especially when people think you can't find out anything on them. There are no secrets in this world and don't you ever forget it! Thanks again. I will remember your services.
Expert:  Law Educator, Esq. replied 5 years ago.
Thank you very much.

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