Boston, MA asked in Criminal Law and Domestic Violence for Maryland

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.

1 Lawyer Answer
Lee Eidelberg
Lee Eidelberg
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

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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