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Thank you for using Just Answer. I look forward to assisting you.I would agree that from the limited facts you've provided, they do appear to be moving forward. Usually held soon after arraignment (which is where the charge against the defendant is formally entered and the defendant must enter a plea), a preliminary hearing is best described as a trial before the trial" at which the judge decides, not whether the defendant is "guilty" or "not guilty," but whether there is enough evidence to force the defendant to stand trial."Granting motion" doesn't really tell me much, other then one party (either the prosecution or defense) filed a motion -which could be for almost anything - and the court granted their request.This doesn't mean that the charge couldn't necessarily be reduced in a plea deal (especially if she has no prior record), or that she doesn't have any viable defenses. That is something she would have to discuss with her lawyer once they have requested all of the discovery, or evidence, from the prosecutor, so they know what they are looking at and how strong a case the prosecutor has.If you need clarification or additional information, kindly REPLY and I'll be happy to assist you further. Thank you.
My apologies for the tardy reply -the system did not notify me last night that you had replied. You don't say what state this is in, but it sounds like the daughter may have been offered a "pre-trial diversion" (different states call it different things). Basically, in a pre-trial diversion, a defendant pleads guilty, but instead of the guilty plea being entered, they are sentenced to a term of probation that can include things like community service, paying a fine, taking a class or classes, etc. If the defendant successfully completes the probationary period without incident and stays out of trouble, the charge is then dismissed, and they can later petition the court to seal/expunge the record. Does that sound like what it might be?
Here are the deferred prosecution programs offered in Maricopa County:
http://www.tascsolutions.org/tasc-services/diversion/These aren't new programs, but it is a way for someone to avoid a criminal record if they stay out of trouble and complete the program terms. In Arizona, pre-trial diversion is called "deferred prosecution." There's no way to just get off on the charge unless the prosecutor's office wasn't going to file or decides not to prosecute.
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