Pomona, CA asked in Criminal Law for California

Q: Can a criminal case be dismissed because the defense was not asked to bring witnesses at the preliminary hearing?

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2 Lawyer Answers
Brian Scott Winkler
Brian Scott Winkler
Answered
  • Criminal Law Lawyer
  • Shafter, CA

A: No. Preliminary hearings are simply a "51%" evidentiary hearing for the District Attorney! There are times a defense is proper and even defense witnesses can be called, in the event the case filed was a bad decision by the DA. However, in California, the burden for the DA is rediculously low, and hearsay testimony is often used (115), so he defense is generally cross-examining law enforcement, opposed to victims or witnesses.

Alexander Bakhache Perez
Alexander Bakhache Perez
Answered
  • Criminal Law Lawyer
  • Fullerton, CA
  • Licensed in California

A: No, the defense does not need to bring any witnesses during the preliminary hearing, again this is something you and your attorney should discuss and decide.

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