Frequently Asked Law Questions
- What is a preliminary hearing?
- A preliminary hearing is not a trial. In order for a case to proceed, sufficient evidence must be presented to establish probable cause. "Probable cause" means that the crime probably happened, not that it did happen. If the judge is convinced that probable cause is established, he forwards the case for grand jury action.
- What is the grand jury and what do they do?
- The grand jury gets its name from its size. It is composed of 18 members instead of 12 (petty jury) which determines guilt or innocence. Only the solicitor and his witnesses appear before the grand jury. The grand jury is convened to decide if the case should go to trial or be dismissed. It is another step in the criminal justice system to determine probable cause.
- What happens at a preliminary hearing?
- A preliminary hearing is heard by a magistrate without a jury. You are not required to testify nor can you present witnesses. At the preliminary hearing witnesses (usually the arresting officer) testify about the prosecution's version of the facts. Our primary purpose for requesting a preliminary hearing is to obtain information about witnesses and the evidence that they claim they have against you.
- Do you have to be present?
- The law does not demand that you are present but we always request our clients to be present except in cases where identification is an issue. Your presence is valuable because you can hear what is said about you. This will afford you an opportunity to evaluate the strength and weaknesses of the case against you.
- When will the preliminary be held?
- We will get written notice when the hearing is scheduled. We will give you written notice. You need to be present and on time. In some cases several preliminaries are scheduled for the same time and they are called randomly. Therefore, you must be on time although we may have to wait around until your case is called.
- What happens if the judge dismisses the case?
- Read this carefully. By dismissing the case at a preliminary hearing, it does not mean the case is over. The prosecution still has the right to take the case before the grand jury and seek an indictment against you.
- What is an indictment?
- An indictment means formal criminal charges against you. If the grand jury charges you, the case must move forward for a guilty plea or jury trial.
On the other hand, if the prosecutor is convinced the case is weak, he can decide to drop the charges and not pursue the case further. - If the charges are dropped and the prosecution does not take the case to the grand jury, can I get my arrest record erased?
- Yes. This is called an expungement. Your arrest record and booking record will be erased.
- What should you wear?
- Please dress neatly. You do not have to be "dressed up". But you should not wear jeans, tank tops, shorts, loud or offensive clothing.
Preliminary Hearing
We frequently are asked questions about preliminary hearings. This section is designed to answer your anticipated questions.
- What is a preliminary hearing?
- A preliminary hearing is not a trial. In order for a case to proceed, sufficient evidence must be presented to establish probable cause. "Probable cause" means that the crime probably happened, not that it did happen. If the judge is convinced that probable cause is established, he forwards the case for grand jury action.
- What is the grand jury and what do they do?
- The grand jury gets its name from its size. It is composed of 18 members instead of 12 (petty jury) which determines guilt or innocence. Only the solicitor and his witnesses appear before the grand jury. The grand jury is convened to decide if the case should go to trial or be dismissed. It is another step in the criminal justice system to determine probable cause.
- What happens at a preliminary hearing?
- A preliminary hearing is heard by a magistrate without a jury. You are not required to testify nor can you present witnesses. At the preliminary hearing witnesses (usually the arresting officer) testify about the prosecution's version of the facts. Our primary purpose for requesting a preliminary hearing is to obtain information about witnesses and the evidence that they claim they have against you.
- Do you have to be present?
- The law does not demand that you are present but we always request our clients to be present except in cases where identification is an issue. Your presence is valuable because you can hear what is said about you. This will afford you an opportunity to evaluate the strength and weaknesses of the case against you.
- When will the preliminary be held?
- We will get written notice when the hearing is scheduled. We will give you written notice. You need to be present and on time. In some cases several preliminaries are scheduled for the same time and they are called randomly. Therefore, you must be on time although we may have to wait around until your case is called.
- What happens if the judge dismisses the case?
- Read this carefully. By dismissing the case at a preliminary hearing, it does not mean the case is over. The prosecution still has the right to take the case before the grand jury and seek an indictment against you.
- What is an indictment?
- An indictment means formal criminal charges against you. If the grand jury charges you, the case must move forward for a guilty plea or jury trial.
On the other hand, if the prosecutor is convinced the case is weak, he can decide to drop the charges and not pursue the case further. - If the charges are dropped and the prosecution does not take the case to the grand jury, can I get my arrest record erased?
- Yes. This is called an expungement. Your arrest record and booking record will be erased.
- What should you wear?
- Please dress neatly. You do not have to be "dressed up". But you should not wear jeans, tank tops, shorts, loud or offensive clothing.