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Preliminary hearing is a probable cause hearing. There is no jury, just the judge who simply decides if there is enough evidence to bind the case over to wait the action of the grand jury. The defense normally uses this to discover what evidence the state has against the defendant.

Which of the following is a common reason for a defendant to waive the preliminary hearing? all of these: He/she has already decided to plead guilty. He/she wants to speed up the criminal justice process.

Failure to Appear in a Misdemeanor or Felony Case (Ala. Code §13A-10-39.) Bail jumping in the first degree is a Class C felony, punishable by one year and one day or up to ten years in prison and a fine up to $15,000.

Even so, if the person cannot obtain his or her release, the person is entitled to go before a judge or magistrate within 72 hours after arrest for an initial appearance, unless the arrest is pursuant to a warrant issued on an indictment, in which case authority to set or to review release conditions is reserved to the

A defendant might waive the right to a preliminary hearing for several reasons, including the following. Avoid publicity. The defendant intends to plead guilty and wants to avoid publicity (and expense, if the defendant is represented by private counsel). Minimize further damage.

Per Rule 540(E)(1) of the Pennsylvania Rules of Criminal Procedure, a defendant's preliminary hearing should be held within 3 to 10 days of the preliminary arraignment or earlier by agreement of the defendant and prosecutor, but may be continued for cause shown.

The 72-hour provision for hearing on a motion to revoke release is in harmony with the policy behind Rule 4.3(a)(1)(iii) that there must be some type of hearing within seventy-two (72) hours of arrest in order to hold someone.

No person or defendant shall remain in jail anywhere in this state for more than 24 hours for any felony or misdemeanor case without an order of bail, unless bail is not authorized by law.

Preliminary hearing is a screening device to determine whether there is probable cause to believe that the defendant committed the crime charged.

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Et al.,. Defendants. Whitney Polson filed a pre-trial motion to dismiss the case.LawHelp Interactive is a website that helps you fill out legal documents for free. IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA. For complete information, please refer to the Alabama Supreme Court Rules Governing Admission to the Bar as well as corresponding areas of this website. First Court Appearance: The Preliminary Hearing . I. The Court Should Hold a Consolidated Preliminary Injunction Hearing in Early January. Birmingham, AL 35253-0790. Court: On July 24th, 1966 in the City of Birmingham, Alfoams.

Birmingham Alabama Motion For Preliminary Hearing

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