There may be some advantages to waiving a preliminary hearing
In California felony cases, a court will schedule a preliminary hearing to determine two key issues. First, the court will examine the evidence presented to see if a crime has actually been committed. Second, the court will determine if there is sufficient cause to believe that the defendant committed the crime. Under California law, sufficient cause means that based on the evidence, an ordinary person would have a strong suspicion of the guilt of the accused.
According to a criminal defense lawyer Orange County, CA, the purpose of a preliminary hearing in the California criminal justice system is to get rid of unsupported felony charges. For example, if a prosecutor brings a felony sexual assault charge against you, and there is little to no evidence to support the allegation, the court may dismiss the charge at the preliminary hearing.
During the hearing, the prosecutor will call witnesses to establish their case. Their case often primarily rests on the testimony of a law enforcement officer, who is allowed to use hearsay during a preliminary hearing. The defense can only offer witnesses to establish an affirmative defense, such as self-defense, disprove an element of the crime, or impeach the testimony of a prosecution witness (i.e., show that they are not being truthful or consistent with previous statements).
Under California law, a person who has been accused of a felony offense has a right to a preliminary hearing within 10 days of being arraigned for the crime. In many cases, the right to have this hearing within 10 days is waived, and the hearing is held months or weeks after arraignment. While the “speedy” aspect of the hearing may be waived, is there any benefit to waiving the hearing itself?
As a criminal defense lawyer Orange County, CA, it depends on the facts of the case. If you are worried about the testimony of a witness being preserved — and later used at trial — waiving this hearing may make sense. Alternatively, if evidence could be presented that led to additional charges or changed your bail status, it may be a good idea to waive the preliminary hearing. You must expressly waive the right to a hearing, and be represented by an attorney.
Going forward with a preliminary hearing allows you to hear the prosecution’s evidence and get a better sense of potential defenses in your case. You might learn that certain witnesses are not good at testifying, or that there are problems with certain aspects of the prosecution’s case. A preliminary hearing also gives your criminal defense lawyer Orange County, CA the opportunity to question the prosecution’s witnesses, present witnesses, and establish a defense.
The decision to waive a preliminary hearing is a difficult one, and should be made in consultation with your lawyer. It is a strategic choice that can impact the overall direction of your case — which is why it is vital that you fully understand the impact of not going forward with the hearing.
If you have been charged with a criminal offense in California, you will need a highly skilled criminal defense lawyer Orange County, CA to represent you. The Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
