If you face charges for a crime in Orange County, includingdrug charges, domestic violence
charges, DUI charges, theft,
assault or any other felony offense, then you are entitled to a
preliminary hearing to determine whether there is enough evidence against you
and to give you a chance to present a defense. A preliminary hearing must be
set within ten court days after your Orange
County criminal defense attorney appears at your arraignment. This time
requirement applies whether you are in custody or out of custody on your own
recognizance or on bail.
You have the right to represent yourself at this hearing or be represented by a criminal defense lawyer in Orange County. You also have the right to an interpreter if you need one. At this hearing the prosecution must present sufficient evidence to convince the judge that probable cause exists to believe that a crime has been committed and that you committed it. The District Attorney usually has the police officers who were there testify as to what happens. At the preliminary hearing the testifying police officers are allowed to tell the judge what other civilian witnesses and victims told them. Testimony about what someone told you is called “hearsay” and is usually not allowed in court. But hearsay is allowed at the preliminary hearing. Your criminal defense lawyer then has the right to cross examine the police officers who testify.
At the preliminary hearing you have the right to present any
evidence of an affirmative defense—although your Orange County
domestic violence lawyer will usually reserve this evidence for trial. If
the prosecutor does present enough evidence to meet the standard expressed
above, the judge will issue a “holding order”, which means that the case
against you will go forward. The preliminary hearing, as a rule, must be
completed in “one session”,meaning the DA can’t request a “continuance” which
is a postponement.
If you have been arrested for a felony in Orange County and
would like to talk to an experienced criminal defense lawyer with outstanding
case results, call the Law Offices of EJ Stopyro at (949) 559-5500. The
consultation is free and completely confidential. Or visit our website at www.EJEsquire.com.
Criminal Defense Lawyers in Orange County
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