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What Is a Preliminary Hearing?
A preliminary hearing is a pre-trial hearing for felony cases held before an associate circuit judge. The main goal of thi shearing is to assess whether there’s enough evidence supporting the charges and whether a trial is justified. The preliminary hearing allows the defendant to present their defense for the alleged crime and cross-examine the witnesses.
In Missouri, the legal guidelines for preliminary hearings are specified in Section 544.250 of the Missouri Revised Statutes. According to this law, preliminary hearings are compulsory for a felony case, except when the defendant waives it or a grand jury indicts them. Grand juries are comprised of 12 citizens who review the evidence and decide whether there is probable cause to charge the defendant.
It’s crucial to distinguish a preliminary hearing from other phases of the criminal justice process, such as the arraignment. The arraignment happens right after arrest, where the defendant learns the charges and enters a plea, and dates for pre-trial hearings and the trial are set.
At Missouri DWI & Criminal Law Center, we are ready to represent your best interest and defend your rights. We can craft a robust defense for your preliminary hearing. With extensive knowledge of Missouri criminal law and years of experience, you can rely on our criminal defense attorney for the most favorable outcome.
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As a defendant, you have several rights during a preliminary hearing:
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You’re entitled to know the charges against you and the evidence presented.
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You can choose legal representation or have one appointed if you cannot afford one.
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The right to appear in person or by interactive video technology with the court’s permission.
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The right to cross-examine the prosecution’s witnesses and challenge their evidence.
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The option to present evidence or witnesses in your favor.
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The right to remain silent, avoiding self-incrimination.
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You have the right to a transcript or recording of the preliminary hearing.
How An Attorney Can Help You in the Preliminary Hearing
Legal representation during a preliminary hearing holds immense significance. An experienced attorney can significantly impact the outcome of your criminal case. Here are a few ways in which a criminal defense attorney can help you:
- Legal representation: Your attorney ensures your rights are protected and provides legal representation, explaining the charges and potential consequences.
- Cross-examination: An experienced lawyer can cross-examine prosecution witnesses to challenge the strength of the evidence, expose inconsistencies, or highlight weaknesses in the case.
- Negotiation: The attorney may use the preliminary hearing as an opportunity to negotiate with the prosecuting attorney for a favorable plea deal or reduced charges.
- Dismissal motion: If there is insufficient evidence, the attorney may file a motion to dismiss, arguing that there is not enough basis to proceed with a trial.
- Gathering Information: The attorney uses the hearing to gather information about the prosecution’s case, witnesses, and evidence, which can be crucial for building your defense strategy for the trial.
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Preparing for Your Preliminary Hearing
Before the hearing, there are steps to consider:
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Work closely with your attorney and follow their guidance.
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Gather and review relevant evidence or documents, like police reports, witness statements, or medical records.
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Provide your attorney with information or witnesses supporting your defense.
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Avoid contact with prosecution witnesses or anyone involved in the case without your attorney’s authorization.
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Get familiar with the proper court dress code.
Understanding potential outcomes is crucial. If dismissed, you may be free of charges, though the prosecution could refile or seek a grand jury indictment. Consult your attorney about expunging or sealing your arrest record if possible.
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