The Preliminary Hearing

[Willtallica]

Tomorrow I have to appear in court for a preliminary hearing, and anyone one remembers it's form what happened in this thread.

I got the story straight, and tomorrow is going to suck. I don't know what to expect from all sides.

[FromMyColdDeadHands]

Best of luck!!! Hopefully you can convince her she needs to be prepared to defend herself!!!

[GunLawyer001]

The preliminary hearing is just to see if the DJ sees enough of a story and evidence that would possibly lead to a conviction. It's not a trial. If the prosecution (often conducted by a cop, sometimes by an Assistant DA) simply says "we think he did A, B, & C", and if A, B, & C satisfy the elements of the charged offense, then the DJ should send it to Common Pleas Court for trial. The state just needs a prima facie case, which is a case that would win if it went unrebutted.

The defense is irrelevant. There is literally no point in bringing in defense witnesses. Conflicting testimony is irrelevant, and it's possible for the Commonwealth to make it's showing without even bringing in witnesses. The rule is that IF the state's case would support a conviction if backed up by plausible evidence, then it moves forward. So smart defense lawyers don't even try to put up a defense, since it would only reveal the strategy.

Some defense lawyers just skip the prelim entirely. I like to see what sort of case and witnesses they have.

[Willtallica]

Seeing that I'm just a witness I don't have to go?

[lal]

I'm missing something, did you receive a subpoena to be in court, as a witness or what ??

[Willtallica]

Originally Posted by lal

I'm missing something, did you receive a subpoena to be in court, as a witness or what ??

Yes, and yes.

[Rule10b5]

Originally Posted by Willtallica

Seeing that I'm just a witness/defendant I don't have to go?

Defendant?

What? Did I miss something? I thought the other guy was the one breaking in?

Did you get charged for something?

[GunLawyer001]

Originally Posted by Willtallica

Seeing that I'm just a witness/defendant I don't have to go?

If you've been subpoenaed, you have to go.

[sinful]

After reading the other thread and this one, I'm having a hard time placing you as a defendant. Shouldn't you be the plaintiff, filing PFA and other charges against the asshat that tried to break in and doing the harassing?

Or is he suing you or something for calling him after the situation?

i'm lost...

[Willtallica]

Wait! Yes. It saids that the guy who tried to break in is the defendant, I'm a witness, and the common wealth of lewisberry is against him.