Preliminary hearings
Preliminary hearings are one part of the criminal court process that individuals accused of felony marijuana-related charges, in California, will face. The preliminary hearing is one of the most critical phases in all of the proceedings, as charges can be dismissed by the judge at this stage if he or she doesn’t believe that there is enough evidence to prove the defendant’s guilt in a trial. As a result, it is vital that an individual accused of a felony charge involving marijuana in this state contacts an experienced California criminal defense lawyer who specializes in this area of the law and who therefore knows the most compelling arguments to present during a preliminary hearing.
Preliminary hearings are usually held following a defendant’s arraignment if a subsequent plea bargain did not resolve the case. Considered a mini-trial, it is a chance for the defense to see what type of evidence the prosecutor will ultimately use during the trial (assuming that the case goes that far) and a chance to have the charges dismissed entirely if that evidence isn’t deemed sufficient by the judge. “Probable cause” is the standard that the judge uses to make that decision, which basically means that the judge considers whether the prosecutor has presented enough evidence to convince a reasonable jury that the accused is guilty of the charged offense. Those charged with misdemeanor offenses in this state will not participate in this phase of the proceedings.
Preliminary hearings are typically conducted like a one-sided trial. Both sides may “argue” their point-of-view, but it is the prosecutor who puts on his or her case. He or she will usually call witnesses to testify and may introduce physical evidence (if there is any) to further convince the judge that the case should go to trial. Depending on what has been presented, the defense attorney may cross-examine the prosecution’s witnesses, challenge any other evidence that the prosecution offers or may simply try to convince the judge that the government’s case isn’t strong enough to meet the probable cause standard and that, as a result, the charges against his or her client must be dismissed.
Evidence in a marijuana-related preliminary hearing may include, but is by no means limited to, testimony from the arresting officer, from the officer who seized any marijuana or related paraphernalia, from a witness who observed (for example) a marijuana sale or land where the drug was being cultivated, or from a party to a transaction involving marijuana who may have been granted immunity in exchange for his or her testimony against the accused. Physical evidence may include, but again, is not limited to, paraphernalia, photos of the drug in its confiscated form, photos depicting the scene of a manufacturing facility or chemical test results if the charge was for driving under the influence of marijuana.
The exceptional California criminal attorneys at The Kavinoky Law Firm have mastered the art of critically analyzing a police report to recognize the flaws that can be used against the prosecution during a preliminary hearing. Their skilled advocates know what types of arguments are most likely to convince a judge that the evidence presented by the government fails to meet the required burden of proof and, more importantly, know how to convey those arguments in an articulate and persuasive manner. For the most trusted legal advice and for unsurpassed representation during every phase of one’s criminal proceedings, contact The Kavinoky Law Firm today for a free consultation.
