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 Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
characters left:
4 Lawyers are Online Now

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:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Preliminary Hearing Process Related Questions

What is a preliminary hearing process?

The criminal justice system allows a proceeding referred to as preliminary hearing once the prosecutor has filed a formal criminal complaint. This hearing is conducted to ascertain if there is sufficient evidence needed for a trial. The judge must also be able to find “probable cause” that a crime was committed. An example of a scenario which would lead to a preliminary hearing: a police officer testifies he saw the defendant fleeing the mall where the theft occurred and the prosecutor has a signed statement from the clerk that the defendant was present when the money went missing. The defense attorney does not need to present any defense at a preliminary hearing. A person is allowed counsel in most jurisdictions in such type of a hearing. When a person is charged with a federal felony, a preliminary hearing may not be required and he/she can be indicted by a grand jury.

Can a preliminary hearing be conducted without a stenographer or device recording the proceedings?

It is not mandatory to have a court reporter or stenographer at a preliminary hearing. However it is not a wise decision for a court reporter to be absent at a hearing especially when the attorney is taking testimonies. You have the authority to question the attorney if he/she does not bring a stenographer to the preliminary hearing. Sometimes the attorneys may choose not to bring a court reporter when there is no testimony which is being presented. Their presence would prove useful in the event of the hearing taking place, to record and bind the witness by the exact statement made by them and as a possible means of impeachment.

In the state of Pennsylvania, is the discovery process allowed before preliminary hearing?

Discovery process can be done prior to preliminary hearing provided you formally file for it with the court. If the attorney is in charge of the case, he/she would file for discovery. The discovery process is an important procedure as it will help the person argue the case with valid points.

What are the advantages and disadvantages of using a public defender as opposed to a private attorney in a preliminary hearing?

Public defenders do scores of preliminary hearings and criminal defense on a daily basis. Most of them have a wide portfolio and are highly experienced in this area. However their workload is abundant making it difficult for them to concentrate on a particular case and give it the attention it requires. Majority of the public defenders would not have studied the case file or spoken to the concerned client until the day of the hearing.

In case of private attorneys there are some excellent and highly qualified ones who are involved in criminal defense. An attorney with a good reputation and rapport with the district attorney helps in striking the best deal possible for a client. Such attorneys are usually respected for their work and knowledge. Also a private attorney would be prepared to go to trial and win the case, if deals do not work out. In order to find a good private attorney you will need to do some background work and select the one suited best for your case.

I have a preliminary hearing in the state of Pennsylvania for a bad check. I would like to plead guilty. Will I be arrested? Do I need to take money to this hearing?

The likelihood of imprisonment is low and an arrest is highly unlikely at this juncture. The goal at this point is for you to appear at court to address the allegation and arrive at a solution. Bad check cases are usually considered minor if you do not have a lengthy criminal background or owe a very large amount of money. A preliminary hearing is assigned to set an initial court date to begin the extensive legal proceedings. In most cases, at the preliminary hearing, parties try to negotiate upon an offer or deal involving payment of the debt and probation, if you need time to repay. If you have the money to pay you could take it to court and offer the resolve the matter completely.

My lawyer did not inform me of the preliminary hearing due to which I missed attending it. What can I do?

Most likely the court would have issued a bench warrant of contempt of court in your name. You need to inform your attorney to request the court for a new preliminary hearing. If granted so, you can explain your mistake and convince the judge to remove the any charges of contempt and to re-consider the case you have been summoned for.

Preliminary hearing is the beginning of the legal proceedings either leading to a trial or resolution of the case. This type of hearing is conducted to ascertain the course for further proceedings. The actions you take here can determine the outcome of your legal battle. Whether it is a minor debt case or a major criminal case, it is wise to have your questions answered and doubts cleared by consulting Experts who can throw light on what your options are.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
characters left:
4 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.

Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 8436
JD, BBA Over 25 years legal and business experience.
Ely
Counselor at Law
Satisfied Customers: 19941
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
FiveStarLaw
Attorney
Satisfied Customers: 8189
25 years of experience helping people like you.

Recent Preliminary Hearing Questions

  • Is it legal for a defense lawyer to record a preliminary hearing

    Is it legal for a defense lawyer to record a preliminary hearing on a iPhone for the purpose of replacing a paid court stenographer that had car trouble. Is as long as you have consent from everyone involved?
  • What is "bifurcat"? Can you provide some cases?

    What is &quot;bifurcat&quot;? Can you provide some cases? Thanks.
  • This past May 3, 2014, my son was involved in a serious car

    This past May 3, 2014, my son was involved in a serious car accident, where he suffered serious injuries and had major surgery. At first I thought that he was going to be charged with DWI, because the police officer made a comment to me on the phone that "Your Lucky I'm Not charging him With DWI". After my son was released from the hospital , the police officer called me to make arrangements for me to bring my son to the police station, so she could close her case, and that she was going on vacation and needed to do this quickly. I told her her, because of my sons injuries he couldn't leave the house. Anyway, I made arrangements with her that she could come to my house that same night. I waited a couple of hours for her to arrive at my place. I even called her on the phone, and she never called be back. To make a long story short. A few days later he received a summons by mail to appear at the South Reginal Courthouse for an arraignment in Hollywood, Florida on July 30, 2014 at 1:30 PM, which is 2 days from now. The charges checked off on the summons, were "Careless Driving", and other violations/comments typed out the summons were Reckless Driving- Drives any Vehicle willful Disregard For Safety - excessive speed. I am disabled , and live on a very tight and fixed income, and can not afford an Attorney to represent my Son. After all that has happened, all my son remembers is driving home, and then blanking out. I'm not familiar with Florida's law, so I called an old friend of mine who lives in Florida, who's a Para-Legal, and he told me that if they want to offer a plea, like, Withold of judication, a fine, school, no contest, or probation, that if I accept it, it will save me a lot money, and it would not be on his record after a certain period of time. My son is in Florida to attend school, and just got the green light that he is now physical able to return back to school.
    My questions to you is, what should I do? and if I decide on any of those options, how do go about doing it without an attorney? Can I represent him in court on my own without an Attorney? Can I postpone it, until I can hopefully afford an Attorney. I've spoke with my Son, and he wants to put all of this behind, and move on, and go back to school.
    I know that I had enough time to figure out what to do about my sons case, and I'm sorry that I'm asking you for advise 2 days before his case is held.
    Your advise would be deeply appreciated.
< Last | Next >
View More Legal Questions