Hello there. I am sincerely XXXXX XXXXX you are pleased with the information I provided to you so far.
A preliminary hearing is for the state to show there is probable cause
to believe that a crime occurred and that your husband is the person who allegedly committed that crime. It is not a trial. The right of confrontation applies to trials
, i.e. proceedings where there is a determination that the defendant is guilty or not guilty. Confrontation does not generally apply at preliminary hearings, although clearly hearsay rules apply there. So, no, I doubt that the issue of your protective order will be addressed or thrown out at the preliminary hearing.
As for your husband's attorney, you mentioned twice that he or she may not be doing enough to negotiate or get charges dropped before trial. I do not know who your husband's attorney is or anything about that person. But, perhaps you should give him or her the benefit of the doubt for the time being. Let me give you a little insider info to help you understand why I make this suggestion...
When I defend criminal cases, I assume from the first meeting with the client that the case will go to trial, and I continue thinking that way up until the case is finished. This way, I am always on the lookout for helpful information and tactics and I am constantly thinking about what I have to do once this case gets to court in front of a jury. Like many other competent attorneys, I then file motions, demand information, investigate, talk to witnesses, and generally fight, fight, fight. At every opportunity I can, I throw a giant monkey wrench into the works of the governmental machine, with the hope that one day I can break the whole thing into a million pieces!
After I am done thoroughly punching the daylights out of the government the best I can, and the prosecutor's nose is bloodied and he or she is missing a few teeth (all in a proverbial sense, of course!), and the judge is worn down and tired from seeing me ranting and raving about this or that, I usually find THAT is the time to broach the topic of negotiating a plea. If I START with the proposition that says, "Hey Mr. Prosecutor, nice to meet you, I haven't heard the evidence from your witnesses yet and we haven't even exchanged formal discovery at this time, but would you like to offer my client a plea?" I would then be negotiating from a position of weakness, and that is the worst way to negotiate.
If you go to buy a car, you want a dealership that has WAY too many cars on the lot with very few interested buyers so that the dealership is motivated to sell. That way, you have the upper hand in negotiating; they'll do everything they can to get you to buy a car. If I go to buy a car and there are 20 other customers there, ALL of whom want exactly the same car I want, I'm going to have exactly zero power to negotiate. My position is weak in this scenario since it's the dealer who's going to sell the car to the highest bidder.
Your husband's attorney needs to be in a position of strength before negotiation can begin. Once he shows the government all the weaknesses in its case, (and there always are weaknesses, no matter what prosecutors say), and lets the prosecutor know he's going full throttle to trial and is going to embarrass the prosecutor by winning the trial in front of all his other little prosecutor buddies, maybe a good plea deal will be offered. Maybe the charge will be dropped to a lesser charge, maybe there will be an agreement on sentencing, maybe your husband will have to take an anger management class, perform community service, be on probation, pay a fine, who knows. Good deals are often offered at the very last minute. One of the biggest lessons I had to learn as a young lawyer is to be patient, wait it out, and not panic!
My point is that you are understandably worried about what's going to happen to your husband, and you want to make sure that he's getting the best legal representation he can. Good lawyering, however, sometimes takes longer before you see positive, concrete results. I cannot vouch for whoever the attorney is...I don't even know him or her! But, try to be patient, don't panic, and give the attorney a chance to do his or her job properly. If you see bloody noses and teeth flying at the preliminary hearing, you know he or she is on the right track.
Thanks again for the opportunity to help you. I hope this case works out well for you and your husband. Take care.