A serious bodily injury usually means that the victim suffered an injury necessitating medical treatment or serious impairment of a physical condition. If there is apreliminary hearing, the victims testimony, if different at all from a written statement or from what a police officer previously testified to, could be seized upon by the defense attorney to challenge the existence of probable cause. This is yet another example of how we win by being more diligent than our adversaries. Our system is designed to decide disputes on THE MERITS of each case, i.e. Contacting us does not create an attorney-client relationship. On the other hand, if the prosecutions evidence is thin or the crimes are overcharged, your attorneys goal could be to get the charges dismissed or reduced. Prosecutors are well aware of how damaging inconsistent statements are and may be hesitant to continue prosecution in the face of conflicting accounts of what occurred or how the victims injuries were sustained if any. I started after my arrest just a couple months ago after a year has passed. A It is simply a test of the legal sufficiency of the governments case against the accused. At the hearing, a judge will decide whether enough evidence exists to support a protective order in favor of the victim. The recess may be only for a few hours or it may take days or weeks to give the final decision. In fact, it's often called a mini-trial. Therefore, we knew going into the trial the stalking charge was likely to fail. It feels like most lawyers today take on as many clients as they can, wait for the deal and do very little work to fight a case. The job of your attorney during the trial is to establish reasonable doubt and get you acquitted. At your domestic violence hearing, a judge will hear from both sides and then make a decision about whether or not there is enough evidence to issue a protective order. One of the primary purposes of a preliminary hearing is scheduling. Can a DV Case Be Dismissed at a Pretrial Hearing? Your lawyer may also advise you to seek emergency financial support at your hearing. An arrest for domestic battery, domestic assault, criminal threats or stalking in California may result in actual jail, large fines, mandatory 52 week batterer's treatment program, mandatory alcohol education classes, and other punishment. These are normally firm dates, unless something occurs that would warrant an extension of time. If so, youll also need to testify and provide evidence regarding your financial needs. In the case of a misdemeanor, the case will be heard by a judge in what is known as a bench trial. This preview can provide valuable insight into the strengths and weaknesses of the case, such as the credibility and demeanor of witnesses, as well as give the defense possible information to use in plea negotiations.
Thomas Rhett Siblings,
Best Suburbs To Live In Mount Gambier,
Articles W
