She has already had a arraignment and now is going to her preliminary trial..But someone just came to the jail and offered her a deal.But we said she shouldn't take it..But don't even know for sure what's going on.
She was in the wrong place at the wrong time and has witnesses to say so.But she has now been in jail for well over two weeks and they want to give her 7 to 14 yrs..
2006-08-19 16:31:14 · 4 answers · asked by Love Song 2 in Politics & Government ➔ Law Enforcement & Police
preliminary hearing
n. in criminal law, a hearing to determine if a person charged with a felony (a serious crime punishable by a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime. A preliminary hearing is held in the lowest local court (municipal or police court), but only if the prosecutor has filed the charge without asking the Grand Jury for an indictment for the alleged crime. Such a hearing must be held within a few days after arraignment (presentation in court of the charges and the defendant's right to plead guilty or not guilty). Since neither side wants to reveal its trial strategy, the prosecution normally presents only enough evidence and testimony to show the probability of guilt, and defendants often put on no evidence at all at the preliminary hearing, unless there is a strong chance of getting the charges dismissed. If the judge finds sufficient evidence to try the defendant, the case is sent to the appropriate court (variously called superior, county, district, common pleas) for trial. If there is no such convincing evidence, the judge will dismiss the charges. In the "Perry Mason" television series, the courtroom scenes were almost always of preliminary hearings.
2006-08-19 16:42:07 · answer #1 · answered by poobear Libertarian 2 · 0⤊ 0⤋
She is going to trial so it will be awhile...
There is nothing you can do trials can go months before resolution.
It should be two weeks between arraignment to pretrial and thats where the defense has to prove that they have enough evidence to bring about a trial.
Then it could be a month...thats why they want to deal ...so they don't have to prove anything.
She should be getting a bond at the pretrial though.
Get a good lawyer and if you really have the evidence then roll the dice.
2006-08-19 16:43:16 · answer #2 · answered by ? 6 · 0⤊ 0⤋
Preliminary hearings. Not trial.
Preliminary hearings are used to resolve, as it says, preliminary matters. Questions of evidence, schedules, motions her attorney has filed (if any) and so on.
She should have an attorney, if she's facing potential jail time. Does she have one? Has the court offered her one? If not, she should request one.
2006-08-19 16:35:49 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
I am sorry for you, I live in Oklahoma and our justice system is one of the worst in the country.
Just look up the story about Joyce Gilchrist (Alleged Forensic Scientist) and Bob Macy (Former Oklahoma county DA). I have trouble sleeping at night knowing those two people are free and walking the streets
Please read the link below.......
2006-08-19 16:51:10 · answer #4 · answered by 3rd parties for REAL CHANGE 5 · 0⤊ 0⤋