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Can a motion be filed to dismiss due to failure to have a

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preliminary trial JA: Because laws vary...
Can a motion be filed to dismiss due to failure to have a preliminary trial
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Louisiana
JA: Has anything been filed or reported?
Customer: I do not think so. My brother is incarcerated on charges and is trying to file a motion to dismiss due to lack of preliminary hearing/ trial
JA: Anything else you want the lawyer to know before I connect you?
Customer: i think that is it
Submitted: 6 months ago.Category: Legal
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Answered in 5 minutes by:
5/17/2017
Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,433
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
A preliminary hearing or trial is something that can be waived and is not a mandatory requirement. So the failure to have or request a preliminary hearing is not grounds to dismiss a charge against someone in Louisiana. A preliminary hearing is nothing more than a hearing where the DA presents probable cause and if there was an indictment in the case by grand jury, then no preliminary hearing is scheduled. He was entitled to an actual trial if he did not enter a plea agreement and if he did not get a trial and has not already asked for a speedy trial, his lawyer needs to file a motion for a speedy trial to force the Parish DA to proceed to trial in 120 days or so or face possible dismissal at that point.
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