The Innocent Man
In my jurisdiction, those charged with felonious crimes are often arrested by municipal officers. They must, in turn, produce arrestees to a municipal court. This court has no jurisdiction over felonies, but is charged with determining if crimes committed within the city arise to the level of felony, thus requiring a "bindover" to the county common pleas court charged with handling felonies.
Every arrestee is entitled to a preliminary hearing. At this hearing, the municipal court judge determines if there is "probable cause" to bind the case over to the common pleas court system for further prosecution. If, based upon the testimony of first-hand witnesses, the municipal court finds that probable cause exists to charge the arrestee with a felony, the case is "bound over" to the higher jurisdiction.
Now, lots of people waive their preliminary hearing, agreeing to the common pleas court's jurisdiction without an evidentiary hearing. Some do this for strategic reasons: perhaps the lawyer can get a better bond for his jailed client if he consents to jurisdiction so that he can defend himself while out of jail; perhaps the dismissal of the case (the remedy for lack of probable cause) would mean that he loses his bond money in the municipal case, and will pay another bond if charged directly by the grand jury of the county.
At any rate, the preliminary hearing process is a dying art. Fewer cases are addressed in open court, a few short days from the arrest. More cases are charged by indictment, a separate avenue for prosecution, where evidence is presented to the grand jury of the county. Still more cases are consented by way of "information," a companion to indictment without the need for presentation of evidence to the grand jury.
Why is a preliminary hearing important to the person charged? Because the testimony of arresting officers, with details fresh in their mind, is useful in their cross-examination later on. The witnesses are forced to fix their impressions on the record. If the matter proceeds to trial in the common pleas court system, these fixed impressions may win the case for an innocent man.
IIIIIII'yaaaaaamm an innnnocent maaaa-aaaaaa-aaaan!
In my jurisdiction, those charged with felonious crimes are often arrested by municipal officers. They must, in turn, produce arrestees to a municipal court. This court has no jurisdiction over felonies, but is charged with determining if crimes committed within the city arise to the level of felony, thus requiring a "bindover" to the county common pleas court charged with handling felonies.
Every arrestee is entitled to a preliminary hearing. At this hearing, the municipal court judge determines if there is "probable cause" to bind the case over to the common pleas court system for further prosecution. If, based upon the testimony of first-hand witnesses, the municipal court finds that probable cause exists to charge the arrestee with a felony, the case is "bound over" to the higher jurisdiction.
Now, lots of people waive their preliminary hearing, agreeing to the common pleas court's jurisdiction without an evidentiary hearing. Some do this for strategic reasons: perhaps the lawyer can get a better bond for his jailed client if he consents to jurisdiction so that he can defend himself while out of jail; perhaps the dismissal of the case (the remedy for lack of probable cause) would mean that he loses his bond money in the municipal case, and will pay another bond if charged directly by the grand jury of the county.
At any rate, the preliminary hearing process is a dying art. Fewer cases are addressed in open court, a few short days from the arrest. More cases are charged by indictment, a separate avenue for prosecution, where evidence is presented to the grand jury of the county. Still more cases are consented by way of "information," a companion to indictment without the need for presentation of evidence to the grand jury.
Why is a preliminary hearing important to the person charged? Because the testimony of arresting officers, with details fresh in their mind, is useful in their cross-examination later on. The witnesses are forced to fix their impressions on the record. If the matter proceeds to trial in the common pleas court system, these fixed impressions may win the case for an innocent man.
IIIIIII'yaaaaaamm an innnnocent maaaa-aaaaaa-aaaan!