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ironpony
05-31-2016, 01:16 PM
For my story, in a court case, the defendant has reasons to waive his right to a preliminary hearing and go straight to trial. The prosecutor has reasons to have a preliminary hearing first. In this situation, who would get the final right, the defense or the prosecution?

I looked it up on a few sites, and the sites talk about the defendant's right to a PH, but they never talk about whether or the prosecution as the right to one, if the defendant waives it.

Thanks for the input. I really appreciate it.

jclarkdawe
05-31-2016, 04:47 PM
The wikipedia article is pretty good on the subject.

Prosecutors loath preliminary hearings and view them as a massive waste of time. If you look at the purpose of the preliminary hearing, you'll see that there's no benefit to a prosecutor in doing a preliminary hearing. There is no way a prosecutor is going to want to do a preliminary hearing.

Jim Clark-Dawe

MarkEsq
05-31-2016, 07:16 PM
Also, make sure you match any research to the state you're setting the story in. In Texas on felony cases, we don't have preliminary hearings (assuming by "preliminary" you mean some sort of evidentiary/probable cause hearing).

ironpony
05-31-2016, 08:22 PM
Okay thanks. In my story the prosecutor needs to know what one of the witnesses is going to say and has subpoenaed the witness, since she is not talking and will not cooperate. Normally he wouldn't use a silent witness, but he wants the help he can get on the case, and wants to know what she is going to say, before a trial of course. So if he does not use the preliminary hearing to put her on the stand, to find out what she will say, what will he use to hear her testimony, prior to trial, if the only way to get her to talk is through subpoena?

jclarkdawe
06-01-2016, 12:35 AM
Grand jury investigation, but there are still ways she can refuse to testify.

Jim Clark-Dawe

ironpony
06-01-2016, 02:23 PM
Okay thanks very much. I was reading about the pre-trial process and wanted to ask another thing that is not covered in a lot of sites. When the prosecution gives the defense his witness list, at what point of the pre-trial process does he do this? Or how soon after the witnesses are subpoenaed, does the defense have the right to know about it?

jclarkdawe
06-01-2016, 04:00 PM
Usually you figure out the witnesses from the discovery materials and the defendant, which are provided to defense counsel early on in the case. Witness list is subject to court rules and order. Defense should be ready for trial about a month before trial date, although work continues throughout the trial.

Jim Clark-Dawe

ironpony
06-02-2016, 12:49 AM
Okay thank you very much. Would you be able to tell me how long after someone is subpoenaed that the defense, is notified exactly? Like is it a few hours, a day, etc?

jclarkdawe
06-02-2016, 01:22 AM
Defense counsel doesn't care how the prosecutor gets witnesses to the courtroom. They could fly them in by a missile for all I care. Or a witch's broom. The sheriff can give them a ride. I have no interest in their subpoenas. Nor do they care about mine.

I have no idea why counsel would be sharing this information.

Jim Clark-Dawe