Legal Question in Criminal Law in California
Hello. Is a criminal preliminary hearing heard with other's peoples hearing such as the arraignment and pretrial where the judge calls different cases before or after yours in the public court room? What is the next step after the preliminary hearing?
2 Answers from Attorneys
Courtrooms in this country are open to the public except in very unusual situations (such as cases involving national security or trade secrets). Preliminary hearings in criminal matters are no exception.
And yes, the court will probably have other matters on the same calendar as the prelim. These matters may include preliminary hearings in other cases, as well as arraignments, motions, or other proceedings.
My experience with the Preliminary Hearing is that it will only be your case being heard (however, anyone from the public would be able to view). The Prelim is to determine if there is enough evidence to "bind" your case over for trial. If so, the next stage would be the Arraignment, then Pre-trial, then Trial.
Related Questions & Answers
-
Hello. What is the purpose of a preliminary hearing in a criminal case? I have... Asked 8/18/09, 8:57 pm in United States California Criminal Law