After an individual has been arrested and has made his or her first appearance in court, he or she will usually be required to attend a preliminary hearing. This is one of the most important steps in the criminal process, and it usually occurs within two weeks of the first appearance.
During such an important time, having an experienced Dallas defense attorney on your side is essential.
Preliminary Hearing Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
If you have been charged with a crime and have an upcoming preliminary hearing in Dallas or the surrounding areas, contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.
Preliminary Hearing in Texas
During the preliminary hearing, the prosecution must show that they have enough evidence to prove that a crime has been committed and that the defendant is most likely the one who committed it. If the prosecution is able to prove this, the case will move to trial. If they are unable to prove this, the case can be dismissed.
The court will hear arguments and see evidence from both sides. The prosecution will attempt to present evidence that is substantial enough to have the defendant stand trial.
During this time, the prosecution can show physical evidence, as well as call witnesses to the stand to testify. The defense will seek to convince the court that the prosecution has insufficient evidence and that the charges should be dropped. To do this, they can present evidence of their own, as well as cross-examine the prosecution’s witnesses.
Pretrial Motions in Texas
At the preliminary hearing, the judge will also determine what evidence will be admissible in court. If the trial does go to court, most of the evidence and witness testimony will have to be presented again. During this hearing, your defense attorney can severely weaken the prosecution’s case by filing pretrial motions that can lead to the suppressing of evidence or witness testimonies. If a pretrial motion is successful, it may make substantial pieces of evidence inadmissible in court, leaving the prosecution’s case extremely depleted.
It is important to understand that the defendant’s guilt or innocence will not be decided at the preliminary hearing. The purpose of the hearing is to determine whether or not there is enough probable cause or evidence for the defendant to stand trial for the alleged offense.
Find A Dallas County Defense Attorney for a Preliminary Hearing | Law Offices of Richard C. McConathy
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.