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What is a preliminary hearing for?

I got charged with unlawful possession of a firearm and it's coming up in 2 days. What will happen and do I have to say anything?


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    R. Jason de Groot | R. Jason de Groot, P.A
    R. Jason de Groot, P.A
    Deltona, FL 32728-5775
    (386) 337-8239
    It depends upon a number of things as to what is coming up in 2 days. We usually have pre-trials. A defendant in a case cannot be forced to testify.
    Answer Applies to: Florida - Replied: 3/7/2013
    Steven Pisani | Law Offices of Steven J. Pisani
    600 17th Street, Suite 2800
    Denver, CO 80202
    (303) 635-6768
    A preliminary hearing is a procedure in criminal cases if the accused is charged with a more serious felony (F3 and above). At this hearing, the judge must decide if there is sufficient probable cause to allow further prosecution. It is absolutely crucial that you have a lawyer present at this hearing to uncover critical inconsistencies that can help you down the road at trial. A person may also be entitled to a preliminary hearing on a lesser felony charge if they cannot bond out and remain in custody.
    Answer Applies to: Colorado - Replied: 3/7/2013
    Laurie Schmidt | Law Offices of Laurie A. Schmidt, P.C.
    Law Offices of Laurie A. Schmidt, P.C.
    Denver, CO 80203
    (303) 747-4686
    In Colorado, a preliminary hearing is a probable cause hearing. It requires that the State or prosecutor show a judge that there is enough evidence to proceed with the charges against you. The standard that the judge applies is very low, it is not beyond a reasonable doubt. The prosecutor must show that it is more likely then not that it can prove the charges against you. The rules of evidence are relaxed, for example the officer can testify to what someone told him, which in a trial would be hearsay. You do not have to testify or say anything. You can never be compelled to testify against yourself in a criminal trial. If the court finds that there is enough evidence to believe that you committed the crimes alleged in the complaining document, a subsequent date will be set for an information arraignment. Just because a case is bound over for trial, does not mean you will automatically be found guilty. You should review the evidence as applied to the charges against you with your attorney to determine you best possible outcome.
    Answer Applies to: Colorado - Replied: 3/7/2013
    Jason Savela | Connell-Savela
    250 Arapahoe Avenue, Suite 301
    Boulder, CO 80302
    (303) 865-4545
    You do not have to say anything. The DA has to prove probable cause that you committed this crime. Usually they make an offer to waive the ph.

    Do you have an attorney? S/he should explain this to you if not, you should have one - these cases can be defensible and can land you in prison.
    Answer Applies to: Colorado - Replied: 3/7/2013
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