How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Criminal Law question
Type Your Criminal Law Question Here...
characters left:
4 Criminal Lawyers are Online Now

Preliminary Hearing Questions

What is a preliminary hearing?

The definition of preliminary hearing is in some criminal justice systems, a preliminary hearing often takes place after a criminal complaint that is filed by a prosecutor in order to decide if there will be enough evidence that will require a trial. In the United States a judge will need to find that there is probable cause that a crime was committed and the defendant could have committed the crime. In a preliminary hearing the defendant will be helped out by the counsel, in the United States court systems there is a right to a counsel at all preliminary hearings. Not always is a preliminary hearing required in the United States. In the United States if the defendant is charged with a federal felony, that person does have the right to an indictment by the grand jury by the Fifth Amendment of the Constitution.

What is the purpose of a preliminary hearing?

Many believe that the reason for a preliminary hearing is very important, that is because a preliminary hearing is used to decide what the reason was for the crime that was allegedly committed by the defendant. The hearing officers that are involved will take into consideration the evidence that was presented and make a decision on the issues of the cause of the crime. For more information pertaining a Preliminary Hearing, contact the Experts.

Does a District Attorney have to agree to a continuing preliminary hearing if a private attorney requests this?

In many cases, the District Attorney would not want their complainant to a witness because then the case will continue past the preliminary hearing. The District Attorney is not required to agree to the continuing of a preliminary hearing. The judge will give the lawyer a chance to speak as to why this person should not be a witness, and then the judge will hear the District Attorneys opinion as to why they should serve as a witness, and in many cases the judge will allow the continuance.

In the state of Kentucky is it legal for a judge to change the preliminary hearing to a pretrial? Does this violate the defendant’s constitutional rights to due process?

In the state of Kentucky, a preliminary hearing is held in order to decide if there is a reason to believe that a certain crime was committed and if the defendant was the exact person that may have committed this crime, and if the crime was committed in the jurisdiction of the court. Now, if and when this preliminary hearing makes it through, the case will get turned over to the Grand Jury. A pretrial hearing means that a hearing is being held before the trial. Depending on the case, this could mean that the court is able to inspect more instead of less then what would have been looked over during the regular preliminary hearing. If this is the case, then there would be no due process violation. Many times these cases are not about finding out that is guilty, but instead to see if there was a cause and if there is a reason to believe that this certain crime as occurred and whether this person may have committed this crime. When there is a witness available, when the witness goes before the court the defense attorney would then have the right to question if the witness told the truth or not while on the stand. Once this is done, if the court decides if there was enough evidence to prosecute the defendant, the case will be sent to the Grand Jury. The process is not violating the due process.

In the state of Virginia what is the preliminary hearing law regarding placing someone in jail, admitting guilt and what happens after the preliminary hearing?

A preliminary hearing decides if there is a reason to believe that a certain person has committed a crime, and if that person is going to be charged. If there is a reason found, then the case will be sent to the Grand Jury. A person is not sent to jail during a preliminary hearing, this person is expected to accept a plea or admit to the crime. A Grand Jury takes place in many cases where a person is charged with a felony. After the Grand Jury is set up, the Commonwealth’s Attorney will put together the evidence and show it to the Grand Jury that will show that the person has committed the crime. Depending on what evidence what presented, the Grand Jury will then decide if there is enough proof to charge this person. Now, if the Grand Jury decides there is a reason to charge this person, then an indictment will be issued and the case will then move to the Circuit Court. An indictment is an official document that will charge the defendant with a crime. Once getting to this step, the defendant could be looking at a jury trial in the circuit court. Finally, after the indictment is given the defendant is brought before the circuit court.

In many cases when a person is facing a preliminary hearing there are many steps, rules, and laws that a person must understand and should understand before facing this hearing. These different steps, rules and laws can vary from state to state and can often be confusing. For more information regarding a preliminary hearing, the person can consult in legal insight to the Expert.
Ask a Criminal Law question
Type Your Criminal Law Question Here...
characters left:
4 Criminal Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21184
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21184
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18393
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8491
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3848
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent Preliminary Hearing Questions

  • due to an address change I missed a preliminary hearing. without

    due to an address change I missed a preliminary hearing. without my presence the trial was moved up for arraignment. is there a way to have it moved back down to the magistrate. due to the fact that I never received notice of this hearing
  • i plead to a bad check charge in PA over 8 years ago. My then

    i plead to a bad check charge in PA over 8 years ago. My then attorney would not put into the court record the promissory note between myself and the alleged victim (OK, I know I can't use alleged anymore) but at the preliminary hearing she had acknowledged and agreed she gave me the loan and I have the transcript. I have recently lost my job and am unable to make the restitution payments. Can I submit that letter into my Motion for the Judge to consider together with the transcript from the preliminary hearing, for reduction of payments? or am i too late because my attorney would not place in it and I did not appeal the sentence for fear of any state time? This again was for Pennsylvania
  • Trial jury--The trial jury is about theft from a bank. The

    Trial jury--The trial jury is about theft from a bank. The judge at this trial has a family member that received a scholarship from the bank involved this trial. I do not see how the judge would be impartial and how this could have been a fair trial. I feel this judge should have disclosed this to the prosecuting and the defense attorney. The judge and some of the judges family members also are donors to this foundation
< Last | Next >