This form is a motion by the defendant for a preliminary hearing. The form is available in both word and word perfect formats.
Alabama Motion For Preliminary Hearing
Category:
State:
Alabama
Control #:
AL-004-02-CP
Format:
Word;
Rich Text
Instant download
Description
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FAQ
At the pre-preliminary hearing conference, the defense and prosecution meet to discuss a possible plea bargain on the case.After hearing all the witnesses and viewing all the evidence presented, the judge decides whether the prosecutor has established probable cause to support the charges.
Is there probable cause to believe the alleged crime occurred and did it occur within the court's jurisdiction? Is there probable cause to believe that the defendant committed the crime?
An arraignment is a pre-trial proceeding, sometimes called an initial appearance. The criminal defendant is brought in front of a judge at a lower court.
Investigation. Charging. Initial Hearing/Arraignment. Discovery. Plea Bargaining. Preliminary Hearing. Pre-Trial Motions. Trial.
In a preliminary hearing in Los Angeles and in all other counties, an accused is entitled to be present, to have a lawyer present and, with certain exceptions to cross examine the witnesses who testify against him or her at the preliminary hearing.
Preliminary hearings are heard by the District Court Judge in the Alabama County in which you were arrested.On occasion, usually in more serious cases with an incarcerated defendant, the State will call additional fact witnesses to establish the identity of the defendant or to ensure the Court finds probable cause.
Some of the rights afforded defendants during a preliminary hearing include:Defendants can successfully have their charges dismissed if they prove a prosecutor's case lack sufficient evidence to prove that a crime occurred.
The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses.If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled.
If you are held for court, the next step in the process is arraignment.
