What Happens At An Initial Hearing?

What does it mean when a hearing is held?

“Held” is something the courts write on the public database that merely indicates the hearing occurred, but does not give any dtails beyond that.

The court might have ordered the defendant not to contact you (technically different than an OFP….

What is the purpose of the initial hearing?

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. In contrast, an arraignment is where the defendant may file their pleas.

What comes after a preliminary hearing?

After a preliminary hearing, prosecutors and defense attorneys sometimes agree to “submit the case on the record.” When this happens, a judge (not a jury) determines the defendant’s guilt or innocence based on the judge’s review of the preliminary hearing transcript.

What colors are best to wear to court?

The best color to wear to court is probably navy blue or dark gray. These colors suggest seriousness. At the same time, they do not come with the negative connotations that are often associated with the color black (for instance, some people associate black with evil, coldness, and darkness).

What comes after the arraignment?

In felony cases, after the arraignment, if the case does not settle or get dismissed the judge holds a preliminary hearing. At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial.

What is an initial hearing?

An initial hearing is a formality, the first time a Defendant comes before the Court (Judge). … The judge will also ask you if you plead guilty or not guilty.

Can charges be dropped at a preliminary hearing?

Your California criminal defense attorney has the option of requesting a Penal Code 1538.5 PC “motion to suppress evidence” hearing at either the prelim or in a trial court. … If the court grants the motion and suppresses the evidence, this often results in the charges being reduced or dismissed altogether.

How long after a preliminary hearing is sentencing?

Sentencing: If a defendant is convicted by either pleading guilty to a charge, or by being found guilty after a trial, sentencing will take place about seventy- Page 5 five days later if the defendant is in custody, or about ninety days later if the defendant is out of custody.

How do lawyers get charges dropped?

A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn’t strong enough. … If charges get filed regardless of insufficient evidence, then our attorney can file a motion of case dismissal. Fourth Amendment violations.

Do you go to jail right after arraignment?

At arraignments, people are taken into custody for 3 reasons: A Judge Orders Bail. … In most cases, as we have our clients prearrange and qualify for bail, posting bail takes about 2-4 hours to post and then however long it takes the local jail to process you and release you.

Do you get released after arraignment?

If you have been arrested, after the plea is entered at your arraignment, the court must decide whether you will remain in custody or be released until the next scheduled court hearing, and if release is granted, whether there will be conditions placed on that release.

What happens at an initial appearance?

Initial Appearance – At the initial appearance, the judge determines the defendant’s name and address, informs the defendant of the charges and of the right to remain silent and to have an attorney. The judge appoints an attorney if the defendant cannot afford one and sets the conditions for release from jail.

Do witnesses testify at a preliminary hearing?

The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses. … If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled.

Can you go to jail at your preliminary hearing?

It is very unlikely that you would go to jail at the preliminary hearing. The court’s job is not to find the defendant guilty or not guilty. … It is relatively rare for this to happen, so it is unlikely that you would go to jail at the preliminary hearing even if the prosecution presents sufficient evidence.

Is pleading guilty good?

In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial. Juries can be unpredictable. Prosecutors may uncover additional evidence that can make it more likely for a jury to convict the defendant.

What are the 5 pleads that a person can enter?

What are the types of pleas in criminal cases? There are three types of pleas in criminal court: guilty, not guilty, and no contest.

What happens if you plead not guilty but are found guilty?

The defendant can change their plea from not guilty to guilty at any time. If the defendant decides to plead guilty before the trial, you won’t be required to give evidence in court. … If the defendant pleads guilty or is found guilty after the trial, they will be sentenced by the court.

How long does an arraignment hearing take?

The time before the judge is very short…often less than a minute unless there are lengthy bail arguments. That being said, it could take over an hour for your case to called depending on County and whether or not you have private counsel.