Legal Question in Criminal Law in California

Re: preliminary hearing

It is rarely in a defendant's best interest to waive prelim. I don't know why it has taken so long to get to prelim in this case. I need a lot more info. He has a right to go to ph with 10 days of arraignment without waiving time. That issue should be discussed between the defendant and his attorney to decide what is in his best interest. You may contact us FREE of charge to discuss the particulars at www.wallinlaw.com. Thank you. David Wallin

Re: preliminary hearing

In a felony case, you proceed to trial through two different procedures: An indictment by a grand jury or after a preliminary hearing, where charges are re-filed on an "information."

Yes, he's got a right to a preliminary hearing. He also has certain speedy preliminary hearing rights that he must have waived to be this far along without a prelim. He can also choose to waive the preliminary hearing and stipulate that there's enough evidence to hold him for trial (a course I would not recommend unless there is a compelling tactical reason to do so).