Legal Question in Criminal Law in California

My boyfriend has an upcoming court date which has already been continued since Oct. He recently fired his public defender but has not yet obtained private council. He is currently out on bail. I am concerned about the possible repercussions his showing up in court again without any council may have. The court appearance is slated as preliminary hearing as well as motion continuance. Any advise or insight would be greatly appreciated.


Asked on 6/22/10, 11:53 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Unless he has a death wish, he needs to hire a lawyer, and he'd better not wait until right before his preliminary hearing. The lawyer he hires will need time to prepare his case. Are you in a position to help him?

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Answered on 6/22/10, 3:07 pm
Anthony Roach Law Office of Anthony A. Roach

The big question I would have for you is whether the hearing is a preliminary hearing, or a preliminary hearing setting. According to your zip code, you are in Newport Beach. If the case is assigned to the Torrance Courthouse, they conduct what is known as an EDP program. This is a period of normal continuances of the preliminary hearing setting so that the District Attorney and the defendant can reach a resolution of the case. There is a big difference between a preliminary hearing, and a preliminary hearing setting. In the preliminary hearing, the court hears the prosecutor put on evidence to justify a trial. In the other, the preliminary hearing is scheduled for a future date.

Of course, Mr. Stone is also correct that he needs to move quickly and get an attorney. Attorneys are not effective when they are hired at the last minute, and he may end up irritating the trial court with repeated requests for continuances to hire an attorney, when he does not actually hire an attorney.

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Answered on 6/22/10, 4:18 pm
Terry A. Nelson Nelson & Lawless

Insight?? You already know the answer. He is in trouble, and needs to hire an attorney before that hearing, unless he is competent to conduct the hearing himself 'pro per'. The judge may not grant any more continuances with the history so far. The Preliminary Hearing is a 'mini trial' with rules of evidence and witnesses. Is he up to that? If serious about hiring counsel, feel free to contact me.

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Answered on 6/22/10, 4:40 pm


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