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Iat the preliminary hearing if a judge holds the defendant to answer for trial the prosecuting attorney must do what?
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∙ 10y ago
Prepare an imdictmemt
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∙ 10y ago
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Can a defendant have a copy of his preliminary hearing transcripts?
Yes, a defendant can get a copy of his preliminary hearing transcripts.
Who has the power to waive a preliminary hearing?
The defendant.
Is The purpose of a preliminary hearing is to determine the guilt of a defendant?
No.
Can a preliminary hearing be held without the defendant?
Yes. Grand Jury.
The preliminary hearing is used to decide all but which one what?
whether the defendant is guilty
What does HTS waived for preliminary hearing mean?
HTS waived for preliminary hearing means the defendants forgoes his rights to this hearing. The defendant just wishes to proceed to the next step of the judicial process.
How long does a defendant have to get a preliminary hearing?
Within 24 to 72 hours af arrest.
Why don't i have a preliminary hearing for my criminal case?
If you have an attorney he probably waived it
What purpose does a grand jury or preliminary hearing serve?
Depending on the state you are in (some use the Grand Jury System and others use the Preliminary Hearing system) it is the hearing at which the defendant is formally charged with the offense he was arrested for.
In preliminary proceedings can a defense attorney also call witnesses before a grand jury?
A Grand Jury only hears witnesses brought forth by the prosecutor. The defense attorney(s) and defendant(s) are not present at the hearing. Witnesses are not allowed to have their attorney present, but may excuse themselves to confer with legal counsel outside of the hearing/court room.
If a defendant is arrested in a jurisdiction that doesn't require a grand jury indictment a court will then conduct a what?
A 'preliminary hearing.' aka. a probable cause hearing.
Can you withdraw a preliminary hearing waiver?
Once a judge rule to hear a motion at the preliminary hearing stage, can the states attorney acquire an indictment before the judge rule on the motion that was set for a hearing date?
