When facing a felony criminal case in Los Angeles County, your constitutional right to a preliminary hearing is a pivotal stage. Here, the prosecutor must convince the judge of the adequacy of the evidence against you. The presence of a proficient legal representative is not only significant but also indispensable. They can offer the essential support and direction during this process, ensuring you are not navigating this legal battle alone. Their expertise will provide you with a sense of reassurance and support during this challenging time.
The primary purpose of a preliminary hearing is to ensure that there is enough evidence to justify holding you to answer for the alleged felony offense. This process, meticulously designed with fairness in mind, is a crucial step that upholds your rights as a defendant and ensures that you are treated justly. This emphasis on fairness will make you feel that your rights are being upheld throughout the process.
At the preliminary hearing, also known as a 'probable cause hearing' or 'prelim,' the Los Angeles County prosecutor has the responsibility to prove, based on the preponderance of the evidence, that you committed the alleged felony crime.
In basic terms, a preliminary hearing is designed to prove to the judge that the prosecutor has not filed frivolously charges against you. It's important to note that preliminary hearings are typically brief, often lasting only about 15 minutes. This brevity allows you to prepare for the process and understand what to expect, ensuring you are not caught off guard.
In other cases, a preliminary hearing can last much longer. In some cases, your criminal defense attorney will put forth an affirmative defense against the allegations against you.
However, this strategy is not always used because if you lose the preliminary hearing, the Los Angeles County prosecutor will become aware of your defense plan and will prepare accordingly. This could potentially weaken your defense in the subsequent trial.
Affirmative defenses are fairly common in domestic violence cases where you were acting in self-defense. It should be noted that in a criminal matter where you were indicted before a grand jury, no preliminary hearing is held. We can help you decide whether to accept a plea bargain in your case.
If you have been accused of a crime, remember that you are not alone. Contact the Los Angeles criminal defense lawyers at Eisner Gorin LLP immediately. We are here to provide you with the necessary support and guidance throughout the legal process. This reassurance about the support you will receive from the legal system will help alleviate any anxiety you may be feeling.
Our law firm has a proven track record of success in defending our clients at preliminary hearings. Now that we have covered a general overview of preliminary hearings in California, let's take a closer look below.
Description of Preliminary Hearings
In all Los Angeles County criminal courts, a preliminary hearing is one of the initial stages in a pretrial criminal court process. The judge, serving as an impartial third party, will set the date for your preliminary hearing at your felony arraignment after you plead "not guilty" in court.
During the hearing, the judge listens to the evidence presented by the prosecutor and your defense attorney and makes a decision based on the law and the facts presented.
Unless you waive your legal right to a timely hearing, your presence at the preliminary hearing is crucial. It must take place within 10 days of your arraignment. The preliminary hearing is a legal proceeding conducted before a judge or magistrate to determine if there is sufficient evidence to hold you to answer at trial for the criminal charges. Your active participation is key to the process.
Your criminal defense attorney will play a crucial role in the preliminary hearing. They will cross-examine the witnesses presented by the Los Angeles County prosecutor, challenging the credibility of the evidence and ensuring your rights are protected. Their role is not just to defend you, but also to ensure that the prosecutor's case is thoroughly tested and that the judge has a complete understanding of the facts.
During the short hearing, which is held before a judge only, there are two main issues they have to determine:
- Is there probable cause that a crime was committed?
- Is there sufficient probable cause to believe you committed that crime?
The Los Angeles County prosecutor has the burden of proof to establish probable cause. This means that they must present evidence that would lead a reasonable person to believe that a crime was committed and that you are the one who committed it. It's essential to note that this standard of proof is lower than that required for a conviction at trial.
Showing Evidence of Guilt
Again, one of the purposes of a preliminary hearing is to show the judge there is at least some evidence to show your guilt. Under California law, probable cause is described as "a state of facts that would cause a man of ordinary care to believe and entertain a strong suspicion that the person is guilty of a crime."
It's also important to note that the standard of proof at a preliminary hearing is significantly lower than that of a criminal jury trial, where the prosecutor must prove every element of the crime beyond a reasonable doubt.
As stated above, the judge must only determine if there is a rational basis for finding probable cause. The evidence presented by the prosecutor at a preliminary hearing is not required to be strong enough to obtain a conviction.
In fact, many Los Angeles County prosecutors will purposely not present all the available evidence at the preliminary hearing, as they don't want to tip their hand to the criminal defense lawyer.
However, it does provide the defense team a good opportunity to cross-examine any witnesses and to learn what specific evidence the prosecutor has to use against you. You also have the option of waiving the preliminary hearing and proceed directly to trial.
If you require further information about a preliminary hearing, please contact a Los Angeles criminal defense lawyer at our office.
What are Your Legal Rights?
In all criminal proceedings in California, you are legally entitled to certain rights before and during a preliminary hearing. These include:
- Your legal right to be represented by an attorney, which includes a public defender or a private lawyer;
- Your right to be present at the preliminary hearing;
- Your right to confront and cross-examine witnesses;
- Your right to produce witnesses on your behalf;
- Your right to discovery, including evidence relevant to guilt or innocence;
- Your right to be free of physical restraints, unless there is a specific need.
It should be noted that you don't have the right to discovery of all evidence, incriminating and exculpatory, that the Los Angeles County prosecutor has at this time, unless the hearing is held more than 15 days after your criminal attorney made a formal request for discovery.
Potential Motions
At the preliminary hearing, your criminal defense lawyer can file certain pretrial motions on your behalf. These include:
Pitchess Motion - If you have reason to believe you are a victim of misconduct by the police, a Pitchess motion is essentially a request to obtain information about prior complaints about the police officer's conduct. Common examples include excessive force and racial profiling.
In other words, you allege that the arresting officer engaged in improper conduct, and the motion requires the Los Angeles County prosecutor to disclose the officer's personnel file and any evidence of relevant prior acts of misconduct.
If the motion is granted, the judge can suppress some evidence, such as prior acts of misconduct by the subject officer. If relevant complaints exist, witnesses may be used to challenge the credibility of the police officer.
Motion to Suppress Evidence - Pursuant to California Penal Code Section 1538.5, a motion to suppress evidence may be submitted only once. If the court grants the motion, it will typically result in an important key piece of incriminating evidence from being used against you, commonly known as “suppressed.” In many cases, the prosecutor will have no choice but to dismiss the charges.
At the end of the preliminary hearing, your criminal defense attorney will typically make a motion to dismiss the case based on insufficient evidence. This means that your lawyer is arguing that there is insufficient evidence to support the criminal charges, and they should be dismissed.
What are Potential Outcomes?
In the vast majority of preliminary hearings in Los Angeles County, the judge will find probable cause to charge you. This means you will be “held to answer” for the criminal charges, and your case will be transferred to another court within 15 days for all future proceedings.
The other potential rare outcomes include:
- No probable cause is found, and charges are dismissed. At this point, you can seek a California Penal Code Section 995 motion to dismiss.
- Some charges could be dismissed for lack of probable cause, but others remain;
- Evidence is discovered that you committed other crimes, and charges are added;
- The judge could reduce your felony case to a misdemeanor, but the case must be a “wobbler” offense.
It's important to note that any reduction to a misdemeanor is typically based on the lack of severity of the crime and that you have no prior convictions. A “wobbler” offense is a crime that the Los Angeles County prosecutor could have filed as either a misdemeanor or felony case.
After a judge grants a wobbler to a misdemeanor, the prosecutor can't re-file the criminal charge as a felony offense without the court's approval. The judge also has the authority and discretion to reduce felony cases, even where they fall under California's three-strikes law.
Contact our Criminal Defense Law Firm
If you have been charged with a crime, your next step should be to call the Los Angeles criminal defense lawyers at Eisner Gorin LLP. We will need to review your case to determine if there was sufficient probable cause. It's critical to note that the level of proof required at a preliminary hearing is low.
Our lawyers understand that this fact is frustrating for any defendant, as it appears the procedures at a preliminary hearing are designed to favor the prosecutor.
Therefore, having a skilled and experienced law firm on your side can be critical to the outcome of your case. Contact us at 877-781-1570. Eisner Gorin LLP 1875 Century Park E #705 Los Angeles, CA 90067 310-328-3776
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