Who can attend a preliminary hearing?
My boyfriend was incarcerated for marijuana and his first court date is tomorrow, I guess its his preliminary hearing. What should I expect to happen and who can attend the hearing?
What happens in a preliminary hearing for criminal charges?
Auntb is partially correct, but what she is actually referring to is Arraignment. Preliminary hearing is a proceeding in which a lower court, (or sometimes a division of the district or circuit court) determines if there are sufficient grounds to bind the defendant over for trial. In felony cases, the constitution provides that no person shall be held for trial except upon indictment, and this procedure satisfies that requirement. The preliminary hearing is skipped if a grand jury has already indicted the defendnat, as a grand jury has already determined that there is sufficient evidence to charge the defendant. In many cases, if a guilty plea is the intended outcome of the case, then the preliminary hearing is waived, and the matter is immediately bound over for arraignment. If the preliminary hearing is waived, then the state presents evidence and witnesses sufficient to convince a just to believe that there is probable cause to believe a crime was committed and that the defendant committed the crime. Note: The standard of proof here is MUCH lower.. its only probable cause, NOT beyond a reasonable doubt. After arraignment, the matter is then set for further disposition, which can include a plea, or a full trial of the matter. It would be inappropriate to speculate on the sentence, because as Auntb said, there are too many factors involved. These include, but aren't limited to: prior history, the situation of the crime, Oklahoma law, and the attitude of the local court and even the judge involved. Your best option is to consult an attorney licensed to practice in Oklahoma who practices criminal law in that jurisdiction. They can give you a better idea of possible sentences. For a referral, contact your local or state bar association.
What is the purpose of a bail interview prior to a Preliminary Hearing?
Where I am a preliminary hearing is only held for felony charges. A “Bail Interview” is probably going to be performed by a ‘pre-trial services’. What they do is to assess the person for release and it is an administrative staff function. Pre-trial then completes a report which is considered as a factor at a bail hearing. From your question it doesn’t sound as though the person is in custody. In that event pre-trial may be just jumping through the paces. If the person is not in custody then the magistrate set bail. That worksheet is now in the clerks folder. That worksheet or the pre-trial sheet will give a preliminary criminal record history. My best guess is that the person will be taken into custody the next time they are in court. The sheriff needs to process them, fingerprints, picture….. and their release from that (probably only an hour or so) will depend on the magistrate sheet or by that time, the pre-trial services ‘bail interview’ sheet. This sounds like it may have been a direct indictment for an older crime. In any event, the bureaucracy needs to run its course and YES it is necessary to attend everything the court tells you to attend. What you wouldn’t want right now is to be seen as uncooperative and be held for the next three months without bail pending the felony trial.
What happens when you ask for a speedy trial at preliminary hearing, but you no longer want it?
Regarding a criminal offense in the U.S., every defendant has a constitutional right to a speedy trial. In each jurisdiction, the period in which this must occur is set by statute and sometimes varies according to whether the defendant is awaiting trial in custody or not (often 30/45 days). If the defendant does not waive this right, trial must begin within this statutory time period, or the charges must be dismissed. (Sometimes some charges can be refiled, but that’s another discussion.) There are circumstances in which a judge can find good cause for a continuance beyond the statutory period, but appellate courts have dealt very harshly with violation of this right - it generally does not matter that it is a lesser crime or that court dockets are over burdened.In practice, defendants very often waive their speedy trial rights. This allows the defense time to prepare their case and, given the consequences at stake, is often worth a short delay in going to trial.If a defendant has refused to waive time, he can change his mind at any subsequent time and “waive time.” As long as he is not doing so solely to delay or confuse proceedings (like, doing so on the day of trial), the court will likely accept the waiver and reset any impending dates. Similarly, a defendant who has waived time can withdraw the waiver at a later date and start the statutory time period running.
You can't get a criminal record without fingerprints or mug shot?
To ensure accuracy, a fingerprint card is required before an entry is made on your criminal history. If they don't take fingerprints, they cannot verify your identify and they will not make an entry on your criminal record. The mug shot has nothing to do with your record.
What is the difference between the committal hearing and the arraignment?
the arraignment is just the presentation of the charges and the committal is a sentence or court order of review prior to trial by experts such as a monitored forensic physc unit