Legal Question in Criminal Law in California

I have preliminary hearing next month for pending felony charges. Is there were I can put forth my evidence to clear my name or is this only for the DA to present their case to convince the court that I have comittied the pending felony charges?

Further, is it important to have a copy of the discovery prior to the preliminary?

What is the next stage after the preliminary?

Thank You


Asked on 8/24/09, 8:35 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The prelim is about the prosecutor's evidence, not yours. Also, she does not have to "convince the court" of your guilt. She need only convince it that there is enough evidence to persuade other reasonable people. Even a judge who thinks you are innocent can recognize that other people might see things differently.

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Answered on 8/24/09, 8:39 pm
Joe Dane Law Office of Joe Dane

Perhaps this will help. Then again, I would hope your attorney is explaining all these things to you. That's part of why you hired them.

www.joedane.com/featured/what-are-the-stages-of-a-felony-prosecution-in-california/

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Answered on 8/25/09, 9:18 am

This question sounds like it's from the same person that has asked several other questions. I agree with Mr. Dane, if you have an attorney you should be getting these answers from him/her. If not, it sounds like you are way over your head and I highly recommend you retain an attorney.

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Answered on 8/25/09, 12:12 pm
Terry A. Nelson Nelson & Lawless

"Clearing your name" means winning acquittal at trial, or winning a dismissal prior to trial. The success of that depends upon ALL the facts, evidence, testimony, etc., not just your side of the case and version of the facts. You get the prosecutor's evidence through discovery request timely made. You can't wait til prelim to see what they have. Your 'evidence' can be used in negotiations with the prosecutor at any time to cut a 'deal' if possible, or in appropriate motions, or at preliminary hearing as the basis to cross examine the police, or at trial in your defense case presentation. You won't know til you try. By having to ask these basic questions, you demonstrate you are not experienced. Just getting a couple hints and tips here is doing you no good whatsoever. Unless you're competent to effectively represent yourself against a prosecutor seeking to put you in prison, get an attorney. If serious about getting legal counsel in this, feel free to contact me.

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Answered on 8/25/09, 2:29 pm


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