I understand that this is all part of the process, but the waiting game is extremely frustrating considering there are still two children missing.
Agreed. We got what was expected today and I assume that's why there was no discussion of the documents the defense requested. Next step Prelim Hearing 3-18/19. Here's what we can expect:
Initial Appearance (Today)
The first time someone accused of a felony sees a judge, it is an "Initial Appearance." The judge at an Initial Appearance is a "magistrate" judge. The Initial Appearance must generally occur within 24 hours of a person's arrest. At the Initial Appearance, the magistrate judge must advise the defendant of the following:
- The Defendant is not required to make a statement and that any statement may be used against the defendant;
- The nature of the charge or charges;
- The Defendant's right to bail;
- The Defendant's right to counsel (if the Defendant is unable to afford an attorney, one will be appointed at public expense)
- The Defendant's right to a Preliminary Hearing, the nature of the Preliminary Hearing, and the effect of a waiver of a preliminary hearing; and
- The Defendant's right to communicate with counsel and immediate family, and that reasonable means will be provided for the Defendant to do so.
Because the Initial Appearance happens so quickly (and it should), you may not have had the time to retain an attorney. Don't worry, there is typically a public defender present at the Initial Appearance to protect your rights. If you decide to hire an attorney after the Initial Appearance, it won't be an issue.
Preliminary Hearing (Two weeks)
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.
