Aside from the process of arraignment, a court procedure also has the so-called preliminary hearing, also known in short as a ‘prelim’ and as required in some situations, an arraignment in Superior Court. What takes place in both the preliminary hearing and the arraignment in Superior Court can be learned from a Los Angeles criminal attorney. By learning about the facts, people may realize why the preliminary hearing and the arraignment in Superior Court are important steps in a court procedure.
What to Expect from a Preliminary Hearing
The preliminary hearing may be described as the performance of steps that aim to confirm what course of action and criminal charges to take against the defendant and any other actions that must be completed prior to the completion of a case. It is a requirement for the defendant to have a Los Angeles criminal lawyer by his side for the purposes of protection and assistance.
The most important questions addressed in a preliminary hearing include:
1. The question on whether the alleged crime took place within the court’s place of jurisdiction.
2. The question on the presence of the probable cause that the defendant may have been guilty of the specific crime.
By the end of the preliminary hearing, once a judge decides that there is indeed enough evidence that may point to the defendant being guilty of the crime, the defendant is then held responsible for any of the punishments or consequences that may result from being found guilty by the judge. The preliminary hearing is then followed by a scheduled arraignment. The defendant, with the help of his Los Angeles criminal attorney, then has the right to enter a plea on the scheduled arraignment.
What to Expect from the Arraignment in Superior Court
Most of the arraignments may take place in a local court. However, an arraignment in Superior Court may occur due to any of the following situations:
1. Filing of an indictment by a grand jury
2. Filing ‘information’, specifically one which pertains to the Superior Court by a district attorney
Just like an arraignment in the local court, an arraignment in Superior Court starts with the jury informing what exact crime is being charged to the defendant. Representation by a Los Angeles criminal attorney is advisable during the procedure.
In the event that the defendant does not have a Los Angeles criminal lawyer to defend him during arraignment in Superior Court, the hearing may be adjourned to give the defendant time to ask for the services of a Los Angeles criminal lawyer. If the defendant still is not able to come up with a counsel, the court will assign a Los Angeles criminal attorney to assist him.
Having a Los Angeles criminal lawyer assigned by the court may not hurt your pocket, however, due to the many cases handled by a public attorney, your case may not really be studied that well, hence lessening the chances of being acquitted. It is, therefore, a wise move to ask for the services of a private Los Angeles criminal lawyer of your own.
Both the preliminary hearing and the arraignment in Superior Court may be considered as the make or break’ steps in a court procedure. By hiring a good Los Angeles criminal attorney, the defendant may find himself acquitted of the criminal charges pressed against him.