Quick Answer: How Long After Arraignment Is Preliminary Hearing?

What is the next step after a preliminary hearing?

After a preliminary hearing, prosecutors and defense attorneys sometimes agree to “submit the case on the record.” When this happens, a judge (not a jury) determines the defendant’s guilt or innocence based on the judge’s review of the preliminary hearing transcript..

Can you be released at a preliminary hearing?

It is very unlikely that you would go to jail at the preliminary hearing. The court’s job is not to find the defendant guilty or not guilty. Instead, the judge’s role is to determine whether there is enough evidence for the charges to proceed to the Court of Common Pleas for trial.

Is it better to take a plea or go to trial?

An accepted plea offer guarantees an adjudication of guilt. An experienced attorney can advise you of the legal consequences of accepting the plea offer. On the other hand, at trial the State must prove its case against you with enough evidence to convince a jury of your guilt beyond a reasonable doubt.

Do you go to jail immediately after sentencing?

What Happens at Sentencing? A defendant who has been given a sentence of jail time often wonders whether or not they will be taken to jail immediately. … So, in short: yes, someone may go to jail immediately after sentencing, possibly until their trial.

Why would someone waive their preliminary hearing?

Why Waive the Prelim? The reasons the defense might waive the right to a preliminary hearing include: The defendant intends to plead guilty and wants to avoid publicity (and expense, if the defendant is represented by private counsel).

Is hearsay admissible in preliminary hearing?

Current law says that hearsay evidence — that which is not based on a witness’ personal knowledge but rather on another’s statement not made under oath — is typically inadmissible in preliminary hearings and other court proceedings.

How long after a preliminary hearing is a trial?

After the preliminary hearing process, the person would be re-arraigned and they have the right to have a jury trial within 60 calendar days of the date they were arraigned, so that would be the soonest they could have the trial.

What comes first arraignment or preliminary hearing?

A preliminary hearing is best described as a “trial before the trial” at which the judge decides, not whether the defendant is “guilty” or “not guilty,” but whether there is enough evidence to force the defendant to stand trial. In contrast, an arraignment is where the defendant may file their pleas.

Does defendant have to attend preliminary hearing?

The prosecutor must show that enough evidence exists to charge the defendant. Preliminary hearings are not always required, and the defendant can choose to waive it. … The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses.

Can you plead guilty at a preliminary hearing?

A preliminary hearing is held if the defendant pleads not guilty at his or her arraignment. Some states only hold preliminary hearings if they are requested by the defense’s attorney. In other states, they are only held in felony cases. … Prosecutors often do not present all relevant evidence at the preliminary hearing.

What happens if you plead not guilty but are found guilty?

A plea of not guilty means you believe you have not violated the law. When you plead not guilty, the Judge will set a date for trial. … You may represent yourself at trial. If you plead not guilty and later decide to change your plea to guilty, you must reappear in court before the Judge in order to do so.

How many times can a preliminary hearing be rescheduled?

There is no specific answer to your question. It can be rescheduled several times depending on the reasons that it is getting rescheduled. At some point, your fiance’s lawyer should Motion the Court to Dismiss the Case for Failure to Prosecute…

What comes after arraignment hearing?

In felony cases, after the arraignment, if the case does not settle or get dismissed the judge holds a preliminary hearing. At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial.