Q: do I have to go to my preliminary trial?
My lawyer is saying the state's attorney is reducing my charges. He is saying I do not have to go to my preliminary hearing now. He said the State’s attorney’s office said we should not go – which is the usual course of action when there is a reduction. I just wanted to make sure this is true before not showing up to court.
A: You were not scheduled for a preliminary trial. You were scheduling for a preliminary hearing to determine if probable cause existed to charge you with a felony, presumably 1st degree assault. The State evidently determined that insufficient evidence existed for the felony count and the formal charging document you will receive will list 2nd degree assault - which is a misdemeanor. If your attorney advised that you not attend court, it was likely for that reason, since no hearing will take place and you will receive a formal charging document or notice to attend court on a later date.
Scott Scherr agrees with this answer
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