Sticksandspades
All comments are MOO
- Joined
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Thank you.
I'm surprised this doesn't happen at the arrest warrant stage. I realise that this might be the defendant's opportunity to present their own evidence also but I find it confusing because we're not talking about trial on the issues and presumably she might not want to show her hand or answer the charges yet, so I don't really get why probable cause hasn't yet been shown. I'm a bit woolly headed today - migraine coming, apologies if I'm not making sense.
This is the next step:
Preliminary Hearing
The next hearing that happens is the Preliminary Hearing. If you are in custody, the hearing must occur within 14 days; if you are out of custody, the hearing must occur within 21 days. The judge at a Preliminary Hearing is also a "magistrate" judge. It won't necessarily be the same one that conducted the Initial Appearance; don't worry if it isn't. A preliminary hearing is the State's opportunity to convince a judge that there is "probable cause" to believe a crime has been committed and that you committed it. "Probable cause" is a fairly low amount of evidence; much lower than the "beyond a reasonable doubt" standard required at a trial.
Nevertheless, the State must call witnesses to establish "probable cause" and the rules of evidence generally apply (with a few exceptions). That means witnesses with first-hand knowledge must come into court, be placed under oath, and answer questions. Although defense attorneys are permitted to ask questions, this is not a trial and many times the questions are limited. Not because they have to be, but because the defense attorney wants to "keep his or her powder dry" for trial. Because the "probable cause" standard is so low, it rarely does much good to call into question a witnesses testimony at the preliminary hearing stage.
It is important to note, if the State is not ready to proceed at the time set for the Preliminary Hearing, it can, in most instances, simply dismiss and re-file the case and that starts the clock all over again. It doesn't seem right, but it is!
If the State establishes "probable cause" you will be sent to appear in the district court. If the State fails to meet its burden, the case will be dismissed.
FAQ: What Are All The Hearings In A Felony In Idaho? | Kormanik & Sneed LLP