Tuesday, August 24, 2010

What is a evidencuary hearing in a criminal case?

Is there anything I should do or take with me? My daughter is the victim and I need to know what is going to happen on this court date? What will the DA and his attorneys do? What are the procedures?What is a evidencuary hearing in a criminal case?
In criminal law, it is a hearing to determine if a person charged with a felony (a serious crime punishable be a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime charged.

A preliminary hearing is held in the lowest local court (municipal or police court), but only if the prosecutor has filed the charge without asking the grand jury for an indictment for the alleged crime. Such a hearing must be held within a few days after arraignment (presentation in court of the charges and the defendant's right to plead guilty or not guilty).

Since neither side wants to reveal its trial strategy, the prosecution normally presents only enough evidence and testimony to show the probability of guilt, and defendants often put on no evidence at all at the preliminary hearing, unless there is a strong chance of getting the charges dismissed.

If the judge finds sufficient evidence to try the defendant, the case is sent to the appropriate court (variously called superior/county/district/common pleas) for trial. If there is no such convincing evidence, the judge will dismiss the chargesWhat is a evidencuary hearing in a criminal case?
An evidentiary hearing, also known as a preliminary hearing, is a hearing in which the Judge desides questions such as is there enough evidence to continue, what evidence will be allowed, is it a civil or criminal case, is the crime within the court's jurisdiction. As far as what you need to do, you should ask your lawyer or the prosecuter.
I would think that it is a hearing to make sure there is enough evidence to carry on with the case.
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