What is a Preliminary Hearing?
In Tennessee, a preliminary hearing is a proceeding to determine whether there is sufficient probable cause that 1.) a crime has been committed and 2.) the individual who has been arrested likely committed that crime. A finding of probable cause at the preliminary hearing allows the case to proceed to trial. The preliminary hearing must occur within ten days of the initial appearance if the individual charged cannot make bond. If you can make bond, the preliminary hearing must occur within 30 days however is often waived by the parties. If probable cause is found at the preliminary hearing then the case is bound over to a grand jury.
What is the Purpose of my Preliminary Hearing?
The preliminary hearing may have substantial value to the individual charged. It provides us as criminal defense attorneys with insight into the State of Tennessee’s case against our clients. It allows your criminal defense attorney to test witnesses and review evidence which will likely be presented at trial. It may also serve to educate the prosecutor as to the strength and weaknesses of their case which may affect plea bargaining. Lastly, it may serve to educate the court as to the case and may also affect bond decisions.
Should I ever waive my preliminary hearing?
The short answer is sometimes. There may be situations in which it is advantageous to waive the hearing. Your criminal defense attorney will advise you when it is in your best interests to waive the preliminary hearing.
No comments:
Post a Comment