My husband got arrested on Sat. and he had his first court yesterday. But they gave him a new date for his pre-preliminary court on dec. 5th and the preliminary court on the 6th. What is the difference between those two? And between the first court appearance that was yesterday?
2006-11-22 11:12:52 · 5 answers · asked by Yuri 2 in Politics & Government ➔ Law Enforcement & Police
Your husband likely just had arraingment court. This is where the defendant shows up and gives a plea.
If the plea is guilty, the judge sentences them to whichever punishment is appropriate. If the defendant pleads non-guilty, they set a date for a pre-trial meeting. At the meeting the defendant usually meets with an assistant DA to work out a plea arrangement.
The arrangements usually invovle resolving tickets, anger management, alcohol/drug treatment/etc...whichever is appropriate for the circumstances. If this is done by the time the court date approaches, the defendant is usually given the minimum punishment available as agreed upon at the pre-trial meeting.
That's what happens in my county. I'm sure each county is slightly different.
2006-11-22 11:31:32 · answer #1 · answered by Bob S 3 · 1⤊ 1⤋
Your husband is entitled to a lawyer if you can't afford it use the court appointed one - these guys know the rules and will help you through it step by step. If you do not have a court appointed attorney and cannot afford one ask for one ASAP! It is your right and if he was not informed of this at the time of arrest or first court date there is a good chance there is no case. Good Luck!
2006-11-22 19:23:03 · answer #2 · answered by Walking on Sunshine 7 · 0⤊ 1⤋
Give his lawyer a call. He can explain it better than any of us, unless someone is a defense attorney. A preliminary is like a mini trial. The judge will listen to the testimony, see the evidence and decide whether the prosecution has a case.
2006-11-22 19:23:47 · answer #3 · answered by beez 7 · 0⤊ 1⤋
I believe he needs a lawyer.
Did you ever hear of Prepaid Legal Services?
You could use them for times like this.
There will be delays. Nothing happens quickly with the court system.
Not knowing what the charges are, I fear he will be heading for some tough times, and it may be very costly as well.
The legal system is far from perfect.
I suggest you get a good lawyer.
2006-11-22 19:18:20 · answer #4 · answered by Anonymous · 0⤊ 1⤋
When you can afford the best lawyers, it's a great system. Otherwise, ...good luck!
2006-11-22 19:21:46 · answer #5 · answered by marnefirstinfantry 5 · 0⤊ 1⤋