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Can charges be added after preliminary hearing

Oct 18, 2013 · Yes, if there is evidence presented at the preliminary hearing to support the charges. Some enhancements can be added as well, usually those that relate to prior convictions. Many times the prosecutor wil not file charges before the prelim to induce a settlement; if the defendant does not accept the offer, after the prelim the prosecutor will add the charge or.

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A preliminary hearing (sometimes called a preliminary examination) is an evidentiary hearing conducted not long after a defendant’s arrest and is held by a judge to determine whether “probable cause” exists that a crime has in fact been committed and that the charged defendant committed that crime.. The defense must provide 5 court days written notice for a 1538.5 motion to be heard at the preliminary hearing . If the defense can establish that prior to the date set for the preliminary hearing it was unaware of the grounds for the motion or the evidence it is seeking to suppress, the defense may be granted a continuance.

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While the victim does not have the legal authority to actually drop the charges, charges can still be dropped because of a victim’s intervention. If a victim expresses a desire that the charges be dropped, as is often the case in situations involving allegations of domestic violence like assault, the prosecutor will take the victim’s wishes.

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A preliminary must take place in order for a trial to be held. It's usually scheduled within 30-60 days from the date of your arrest. The preliminary hearing will take place in the same District Court where you were arraigned. A preliminary hearing is sometimes confused with a trial, and that's because it is very much like a trial.

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There are also bad examples of change of circumstance. Sometimes they do a preliminary hearing and additional charges get added and then the bail goes up. The client's exposure to jail becomes more serious, and therefore, the prosecutors can argue a change in circumstance and try to argue for a higher bail.

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