Legal Question in Criminal Law in California
I'm going to my preliminary hearing and my lawyer didn't submit any motions is that normal? Also it's a case for possession,can I have an outside agency test the substance?
1 Answer from Attorneys
It's perfectly normal for defense counsel not to bring any motions before a preliminary hearing. Prelims look like trials, but that's not what they are. The things that usually happen before a trial often don't happen before a prelim. There sometimes are reasons to bring a motion beforehand but, unless you have something specific in mind, you should not be concerned that your lawyer hasn't brought one here.
There are ways to have the drug evidence tested. Your lawyer will know how to make it happen. Such tests by the defense don't usually happen this early in a case. Here again, you shouldn't worry that it hasn't been done yet.
Good luck.
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