Tuesday, May 7, 2013

Your Rights At A Preliminary Hearing: (Part 2)

Domestic Violence Attorney in Orange County

If you face felony charges for domestic violence in the Orange County courts then you have the right to a preliminary hearing. The right to a preliminary hearing means that you are entitled to a host of rights concerning that hearing, not the least of which is effective assistance of an Orange County Domestic Violence Lawyer.  You have the right to a lawyer of your own choice and if you tell the judge that you want to be represented by a particular Domestic Violence Lawyer in Orange County, then the judge will order the bailiff to contact the criminal defense lawyer of your choice forthwith. However, if you cannot afford an attorney, you no longer have the right to choose which lawyer represents you, but you still have the right to be represented by a criminal defense lawyer and the court will appoint one at no cost to you. If you decide that you want to represent yourself at the domestic violence preliminary hearing—which is almost always a bad idea—the judge MUST respect that right too.

At the domestic violence preliminary hearing you also have the right to a court-appointed interpreter if English is not your primary language. If you are in custody on charges of domestic battery, corporal injury, criminal threats or child endangerment, you still have the right to be present at the preliminary hearing. If, however, you are out of custody and fail to show up for the preliminary hearing, the judge can find that you waived your right to be present and the preliminary hearing can go forward without you. The District Attorney MUST provide all exculpatory and relevant evidence in their possession to your domestic violence lawyers. If the DA fails to do so your criminal defense attorney can file a common law motion to dismiss.

Once the domestic violence preliminary hearing is over, you have the right to a transcript of that proceeding at no cost. The transcript must be made available 10 days after the hearing. Your Orange County domestic violence attorney has the right to cross-examine ALL witnesses that testify at that hearing. However, cross-examination is limited to questions relevant to establishing an affirmative defense, negating an element of the crime, or impeachment of the witness. Moreover, any witness your defense lawyer calls must give testimony relating to those three topics. You also have the right to sit at counsel table during that hearing without being shackled. In order to shackle a defendant at a domestic violence preliminary hearing the DA must make a showing of need.

If you face charges for domestic violence in Orange County and would like to consult with an experienced domestic violence lawyer, call the Law Offices of EJ Stopyro at (949)-559-5500. The telephonic consultation is free and confidential. Or visit our website at www.EJEsquire.com.

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