Orange County criminal defense lawyer 

Preliminary Hearing: An Overview (Part 1)

If you are arrested for felony drug charges, including drug possession or drug sales, the DA’s prosecution usually begins with the filing of a Complaint. A less common beginning is when an indictment is handed down by the grand jury. The vast majority of drug cases in Orange County begin with the filing of a Complaint, which is the document that lists the formal drug charges against you. When a Complaint is filed you have the right to a preliminary hearing within ten days of arraignment on the Complaint. The preliminary hearing is an evidentiary hearing where the DA must present enough evidence to a judge to justify going forward with the prosecution. The evidence must show that probable cause exists to believe that a drug crime has occurred and that you committed it.

The preliminary hearing provides your drug defense lawyer in Orange County to ask the judge to reduce any “wobbler” offense to a misdemeanor.  A wobbler is a drug crime that can be charged as a felony or a misdemeanor. Your defense lawyer can also ask the judge to strike certain enhancements. This hearing also gives your Orange County criminal defense lawyer the chance to expose any weakness in the DA’s case and possibly get a good plea bargain. In cases of “serious” offenses (strike crimes), the law does not allow plea bargaining AFTER the preliminary hearing so plea bargaining at this stage may be a must.

Not all the witnesses in the case will testify at the preliminary hearing. At this hearing, police officers are allowed to testify about what other civilian witnesses told them. This “hearsay” is not allowed at trial. There are also limitations on what your criminal defense lawyer in Orange County can cross-examine the police officers about. Cross-examination is limited to the purpose of 1) raising an affirmative defense, 2) negating an element of the drug crime, and 3) impeaching a witness. Your drug defense attorney cannot cross-examine for the purpose of “discovery”—to learn information that will help at trial. Moreover, any evidence that your drug defense attorney puts on is limited to these three purposes.

If there is an issue that evidence may have been illegally obtained by the police, your Orange County drug defense lawyer can also bring a motion to suppress that evidence at the preliminary hearing. However, most defense attorneys prefer to bring the suppression motion later in the trial court.

If the DA meets their burden, as they almost always do, the judge issues a “holding order” requiring you to face prosecution for the charges. The judge will then order you and your defense lawyer to the trial court within 15 days to be arraigned on a new document called an “Information”.

If you have been arrested for a drug charge in Orange County call the Orange County drug defense attorneys at the Law Offices of EJ Stopyro at (949) 559-5500 today. The telephonic consultation is free and confidential. Or visit our website at www.EJEsquire.com.

criminal defense lawyers in Orange County