In a preliminary hearing, your criminal defense attorney could possibly get the charges against you dropped or reduced. Even though the prosecutor will work hard to present a sound case against you, a judge might decide that there is not enough evidence to warrant the charges you are facing. 

What Happens at the Preliminary Hearing?

The preliminary hearing is not a trial, but it plays an important role in the trial process. The hearing is held before the judge without a jury present. During the hearing, your attorney can challenge whether or not the prosecutor has a strong enough case to present against you.

Your attorney's goal is to get the charges against you dropped or reduced. The preliminary hearing gives both your attorney and the prosecutor the chance to find out what evidence the other has. The prosecutor needs to show enough evidence to justify the charges you are facing. 

The judge will evaluate the evidence that is presented and decide if the case should head to trial. If the judge does not think the case is strong, he or she can toss out the case completely. The prosecutor can also opt to reduce the charges so that the judge is willing to allow the case move to the trial phase. 

What Weakens the Prosecutor's Case?

When the prosecutor initially filed the charges against you, it was because he or she felt that the evidence available was strong enough to get a conviction. However, things can sometimes change and the case can be weakened. For instance, an eyewitness identification of you as the perpetrator could be called into question by your attorney. If the prosecutor's case is built on that identification and it seems shaky, the judge could dismiss the case. 

Witnesses could also change their minds about testifying. Depending on whether or not there is other evidence against you, the charges could be dropped without the testimony of the witnesses. 

There is also the possibility that evidence could be lost. The prosecutor could also be lacking enough conclusive evidence that points to you committing each crime you are facing. For instance, if you are being accused of breaking into a home, the prosecutor has to show that you broke into the home and also stole from it. If both elements are not proven, the case could be dropped or reduced.

When the preliminary hearing approaches, your attorney will ensure that you know what to expect. Other than make an appearance, your attorney might not require you to do anything else. Contact an attorney like Scott L. Kramer Law Office for more information.

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