Los Angeles Preliminary Hearing Lawyer

LOS ANGELES PRELIMINARY HEARING ATTORNEY
In California, criminal cases can proceed by indictment or by a criminal complaint.  In Los Angeles, most misdemeanor and felony cases proceed by the prosecution filing a criminal complaint, rather than by grand jury indictment.  In both misdemeanor and felony criminal cases filed by a prosecuting agency's criminal complaint, the first court date will be an arraignment, or formal reading of the charges, and entry of the defendant's plea (guilty or not guilty).  In felony cases, the defendant has a right to a "preliminary hearing" within 10 court days of the arraignment.  The purpose of a preliminary hearing, often called a "prelim" or erroneously called a "probable cause" hearing, is to determine whether the government has enough evidence to justify holding the defendant to answer for a felony case.  If a misdemeanor is charged alongside a felony charge, the government must also make a showing that there is enough evidence to hold the defendant to answer to the charge.  It is your Los Angeles Criminal Defense Attorney's job to show that there is not enough evidence and get the case dismissed.  

The preliminary hearing is also a good opportunity for your criminal defense lawyer to question witnesses and lock them into statements.  Testimony from a preliminary hearing can be used in pretrial motions and at trial to impeach a witness who might change their testimony.  Your lawyer will carefully object to presentation of evidence, thoroughly cross-examine witnesses, and possibly put on evidence that helps to show that the government does not have enough evidence to justify the criminal charges.  Motions can also be heard at the preliminary hearing, and by giving your Los Angeles Criminal Defense Lawyer an opportunity to poke holes in testimony from both civilian and police witnesses.

Preliminary hearings are much shorter and less formal than a trial.  At prelim, there is no jury; the judge is the fact-finder, and evidence is presented with that in mind.  With the lower burden on the government, an officer's testimony alone may be enough to justify holding the defendant to answer at a preliminary hearing.

PRELIMINARY HEARING PROCEDURE
At a preliminary hearing, the prosecution will usually call one or more witnesses to make out each element of each criminal charge.  Sometimes one witness can make out all of the evidence that the prosecution needs, while other times it may be necessary to call many witnesses, each with only a small piece of evidence.  Typically the prosecutor and investigating officer will sit at one table, and the defendant will sit with the criminal defense attorney at another table.  There is no jury, and usually no opening statement.  After the prosecution has called its witnesses, the defense may call witnesses, but usually does not choose to do so at the preliminary hearing stage.  After the witnesses testify and are cross-examined, both sides get an opportunity to argue briefly.  The judge will then render a decision, choosing either to "bind over" or dismiss with respect to each count, prior or allegation.


PRELIMINARY HEARING BURDEN OF PROOF
At trial, the government has the highest burden of proof our courts employ in criminal cases, proof beyond a reasonable doubt.  At prelim, however, the burden on the government is much, much lower.  At prelim, the burden of proof on the government is the burden of "probable cause," a much easier burden for the government to meet.  The government must only show that there is enough evidence for a reasonable person to entertain a strong suspicion that the defendant is guilty of the alleged crime.  Many of the defenses that can help a defendant at trial are not helpful at the preliminary hearing.

MOTIONS AT PRELIMINARY HEARING
Since the government must call its witnesses to testify at the preliminary hearing, anyway, it often makes sense to hold a motion hearing at the same time.  The most common motion run during a preliminary hearing in Los Angeles, is a PC 1538.5 motion to suppress evidence.  If the police obtained evidence (physical evidence, testimonial evidence, etc.) in violation of the defendant's rights, an exclusionary rule may help the defendant get that evidence thrown out.  Particularly in possession crime cases, or cases where a defendant confessed without being read his/her Miranda rights, a motion to suppress might just make the whole case go away.  Another motion commonly associated with a preliminary hearing is a 995 motion to dismiss.  Here, the judge hearing the prelim has already held the defendant to answer, deciding that the government has presented enough evidence.  If defense counsel does not believe that enough evidence existed to hold the defendant to answer, a 995 motion can be filed after the prelim with the trial court.  The trial judge will review the evidence presented at a preliminary hearing (and read the preliminary hearing transcript) and then decide whether the prelim judge was correct to hold the defendant to answer.  In all of these cases, it is vital to have a skilled passionate criminal defense attorney on your side.

HEARSAY EVIDENCE AT PRELIMINARY HEARING
Hearsay evidence is a great deal more complicated than the colloquial term.  "Hearsay" is not simply a statement made by one person about another's statement.  If fact, over 20 exceptions exist, where a declarant's out of court statement may be admitted into evidence.  Moreover, a defendant's statements may be admitted through another witness (police included) and they are not kept out for being hearsay.  At preliminary hearings, hearsay evidence goes one additional step when a qualified officer takes the stand.  Police officers with over 5 years of experience can testify to one level of hearsay evidence.  This allows preliminary hearings to proceed without some of the witnesses who may be necessary at trial.  Police officers can testify to what another witness or a victim told them, allowing the prosecution to put on its evidence more quickly, and with less opportunity for the defense to question some actual witnesses.

PRELIMINARY HEARING AND PLEA NEGOTIATIONS
The most important way a criminal defense attorney can use a preliminary hearing to facilitate a plea negotiation is to show the prosecutor that the trial will be tough.  While there is most often enough evidence to meet the low burden for a preliminary hearing, a loss at the preliminary hearing does not necessarily mean that the defense cannot come out on top as a result.  By showing the prosecution the weaknesses of its case and the skill and preparation of the defense attorney, the prosecution may be willing to offer a more favorable plea deal.  Also, due to the time and difficulty of getting witnesses to court, sometimes a prosecutor will offer a good deal in order to avoid having to take a case to the preliminary hearing.  Prosecutors are busy and have a lot of cases on their plate.  

DISMISSALS AT PRELIMINARY HEARING
Getting a case dismissed at the preliminary hearing is the best outcome possible for defendants and defense attorneys.  There are several different reasons this can happen.  Most conventionally, the defense attorney can point out to the judge that the government has failed to meet its burden and that the case should be dismissed.  A case can also be dismissed if the defense wins a motion to suppress evidence and there is not evidence left.  Moreover, sometimes prosecutors will dismiss a case when they do not have the necessary witnesses or do not have time to take a particular case to prelim.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

If you have been arrested or charged with a felony in Los Angeles, you need a skilled, passionate Los Angeles Criminal Defense Attorney on your side to fight for you.  Being arrested and charged with a crime is scary, but an LA Criminal Defense Lawyer at the Law Offices of Nicholas Loncar can help.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Published By: Nicholas Loncar | Written by Nicholas Loncar

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