What is a Preliminary Hearing? - Oakland criminal defense attorney Givelle Lamano explains

What is a Preliminary Hearing?

In order to understand what a preliminary hearing is, you have to understand the three different levels of crime in California.

What to listen for:
0:00 - Disclaimer
0:19 - Right to a preliminary hearing
0:30 - The judge will decide on 1 of 3 things
0:55 - Considerations

Details and more info online here:
https://www.lamanolaw.com/what-is-a-p...

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TRANSCRIPTION -

Givelle Lamano:
What is a preliminary hearing? In order to understand what a preliminary hearing is, you have to understand the three different levels of crime in California. The lowest level is called an infraction.

The middle level is called a misdemeanor and above that is what's called a felony.
When you are being accused of felony charges, you have a right to a preliminary hearing. This preliminary hearing gives your defense attorney an opportunity to cross-examine any witnesses against you.

Givelle Lamano:
The judge will decide one of three things. Either number one, whether or not more charges need to be added to your complaint. Number two, whether charges need to be discharged from your complaint. Or number three, if the charges will remain the same. In very few instances, at the preliminary hearing the charges could be dismissed completely, and that depends on the value of your case, the facts of your case, which is why you should go over your report with an attorney.

Givelle Lamano:
Now, there are also timely considerations when it comes to a preliminary hearing. At your arraignment date, you have a right to a preliminary hearing within 10 court days of that arraignment date and within 60 calendar days of that arraignment date. Strategically determining whether or not you wanna exercise those timely rights or give up and waive those rights is something you should discuss with your attorney.

Givelle Lamano:
Please give us a call so we can walk you through the process and make sure you get the best possible defense. Thanks for listening.

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