Preliminary Hearings In Los Angeles Criminal Cases
Anybody that's charged with a felony crime in Los Angeles is entitled to have a preliminary hearing. A preliminary hearing is kind of like a mini-trial where witnesses are called, and the prosecutors have to show that they have each element of whatever crime or crimes that are charged covered by way of the evidence.
Therefore, the prosecutors will have to bring forth witnesses and evidence to prove that the person they're charging with specific crimes committed those crimes. The standard at a preliminary hearing is that there is reasonable suspicion that the person committed the crimes they are charged with. That's a low standard.
It's not the same standard as proving a case beyond a reasonable doubt, so most people will be held at a preliminary hearing if the prosecutors can present evidence to show they committed the crime or crimes they are charged with.
At a preliminary hearing, the defense has the opportunity to win the case by demonstrating that the prosecution lacks sufficient evidence to support their charges. This is achieved through a rigorous cross-examination of the prosecutor's witnesses.
The defense is also entitled to put on an affirmative defense where they can call witnesses and put on evidence to show the prosecution hasn't proved the case. At the end of the preliminary hearing, the judge will listen to all the evidence and decide whether or not the person is bound to the trial court or whether or not the judge feels the prosecutor has not met their burden. In that case, the judge will dismiss the charges.
Winning Your Case At The Preliminary Hearing
There are two viable paths to victory at a preliminary hearing. The first involves dismantling the prosecutor's case through effective cross-examination, a strategy I've successfully employed numerous times over my twenty-five-year career. The second, and perhaps more realistic, approach is to lay the groundwork for a successful jury trial.
In other words, you can lock some of their witnesses in under penalty of perjury with inter-positions. Then, you can later come back and destroy those positions through an effective cross-examination at a jury trial by way of investigation.
So, once you've set up the witnesses and the evidence at the preliminary hearing, you can return to the trial and use the preliminary hearing transcript to attack and impeach the witnesses. This is a very effective tool in a criminal defense case, and it can help you win the case.
Witness Impeachment
I can't tell you how many times a witness takes the stand and says stuff that contradicts the preliminary hearing testimony—which, of course, is under penalty of perjury—there's a judge there, the people were sworn in, and now here they are lying at the trial.
I'm able to effectively impeach them and say, hey, listen, you testified at a preliminary hearing under penalty of perjury just like you are now, and look, you've said this under penalty of perjury here in the trial, and look what you said back a preliminary hearing.
Suppose you can show the jury that this person has lied under penalty of perjury either at the trial or the preliminary hearing. In that case, it is a highly effective way to destroy and blow out of the water, the prosecution's case.
Preliminary hearings are critical stages. I also use them to point out problems in the prosecution's case for negotiation purposes. I do the initial hearing, we lock the testimony in under penalty of perjury, and then I've got a transcript of everything their main witnesses said.
I can now take that to the prosecutor's boss and say, "Look at what this person said at the preliminary hearing under penalty of perjury." Now compare that to what they said in the police report and compare that to whatever evidence we have, and this is very effective.
By leveraging the evidence from the preliminary hearing, the defense can effectively negotiate with the prosecution. This can lead to a favorable outcome, whether it's a case dismissal or a negotiated settlement that's considered a win under the circumstances.
So, if you've got a case and some sound issues, let's meet in town. I will use my experience to talk to you about what we can do at the preliminary hearing, how we can handle your case, and how we can get you the desired result.
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