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what exactly is a prelimenary hearing and what happen at that

Customer Question
poiint...
what exactly is a prelimenary hearing and what happen at that poiint
Submitted: 5 years ago.Category: Criminal Law
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Answered in 5 minutes by:
10/2/2012
Criminal Lawyer: TexCrimLawyer, J.D., Lawyer replied 5 years ago
TexCrimLawyer, J.D.
Category: Criminal Law
Satisfied Customers: 4,829
Experience: Experienced in state and federal criminal litigation.
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TexCrimLawyer, J.D. :

Good evening. I'll be assisting you with your question.

TexCrimLawyer, J.D. :

What state are you in?

JACUSTOMER-28i19p6t- :

charges were in idaho

TexCrimLawyer, J.D. :

OK. When a person is charged with a felony in Idaho, that person is entitled to a preliminary hearing in the Magistrate Court. At the preliminary hearing, the state must show that there is probable cause that the person committed the crime alleged. If the state proves this, it will send the case to the District Court, where the trial will be (or plea, if that is how it is handled).

TexCrimLawyer, J.D. :

Does that answer your question?

JACUSTOMER-28i19p6t- :

in a domestic violence does the victim get to explain the situation. because the officiers completely twisted what i said so he went to jail for nothing..

TexCrimLawyer, J.D. :

They don't necessarily have to put the victim on the stand. The officer can testify by himself.

JACUSTOMER-28i19p6t- :

my husband is being charged on lies. the cops were called out due to a bunch a guys fighting not domestic

JACUSTOMER-28i19p6t- :

the officier is not telling the truth. how can they charge my husband on officier only evidence is what i said

TexCrimLawyer, J.D. :

OK. The police have to be able to explain to the judge what happened and why they think a crime was committed. Your attorney will have an opportunity to cross examine the police so it is important to retain a lawyer ASAP.

TexCrimLawyer, J.D. :

They can charge based on what you said like they could in any other case. The word of one witness is often enough to charge and convict someone.

JACUSTOMER-28i19p6t- :

the officier only went on what i said but completely twisted the story around.basically he lied. how does that work his word against mine (being the victim).

TexCrimLawyer, J.D. :

Again, your attorney will have a chance to question the officer, so all of those issues will be brought to the judge's attention.

TexCrimLawyer, J.D. :

Do you have any questions?

JACUSTOMER-28i19p6t- :

so that will all happen at pre hearing

TexCrimLawyer, J.D. :

The police officer will testify and explain to the judge what happened and why he thinks a crime was committed. Your husband's attorney will then have the chance to ask him questions, and the judge will decide if there is enough evidence to formally charge him.

TexCrimLawyer, J.D. :

Do you understand?

TexCrimLawyer, J.D. :

Are you still there?

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