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A preliminary hearing is to decide if there's enough evidence for the case to go to trial. This is a crucial stage in a criminal case. The judge decides with the evidence presented if a crime has been committed and if there's enough evidence against the defendant. Added; Of course, if you choose to, you can plead guilty, or enter an Alford Plea at any point in the judicial process.
What else can I help you with?
What Is the defendants role at a pretrial hearing?
To hear the actual charges against him, and the opportunity to plead guilty or not guilty.
The preliminary hearing is used to decide all but which one what?
whether the defendant is guilty
Can a probation officer hold over your hearing because you plead not guilty?
A probation officer does not. The Court or judge does.
Do you have to plead guilty or not guilty in court?
In court, you must either plead guilty or not guilty to the charges against you.
What comes after the arraignment hearing?
After arraignment: preliminary hearing(s) take place - followed by the trial itself - followed by a sentencing hearing (if found guilty).
How can you plead not guilty for a speeding ticket 500 miles away without appearing in court?
ask for a transfer of hearing.
Should you plead guilty or not guilty for a speeding ticket?
Guilty
What does waiver of preliminary hearing mean?
A waiver of preliminary hearing means that it has been decided, or agreed, that no preliminary hearing is needed and so none will be held.
Why is it that in mention hearings proceedings can not continue if the defendant doesn't plead guilty?
This all depends on what type of motion hearing it is. Motion hearings are either pretrial motions or postconviction motions, the latter which does not occur if the defendant is not convicted of a crime. A defendant is never forced to plead guilty to any crime.
If charged guilty for a state crime do you have to go to a trial?
Not quite sure what the questioner is asking, but I'll give it a try. If you choose to plead guilty to a state criminal offense, you will not go on trial, however you will attend a sentencing hearing at which the term of your sentence will be announced. If you plead NOT guilty to a state criminal offense, you can choose to be tried by a judge, alone, or by a jury. After hearing all the evidence, both against you and in your favor, the judge and/or jury will make a decision which the judge will announce. If you're found guilty, later on (or some cases immediately) the sentencing hearing will be conducted, and your sentence announced.
What should you expect at your first hearing for criminal charges?
To be formally advised of the charges against you, and asked how you wish to plead, and (if you plead not guilty) whether you wish to retain counsel or have one appointed for you. It is also possible that you may be considered for bail at this same hearing, but that is not universally applicable in all juisictions.
Can a defendant have a copy of his preliminary hearing transcripts?
Yes, a defendant can get a copy of his preliminary hearing transcripts.
