If you're facing felony DUI charges in Los Angeles, CA, the preliminary hearing can be an important early stage in your case. This proceeding is where a judge decides whether the prosecution has enough evidence for your case to move forward.
An experienced attorney can also use the hearing to question witnesses, examine the prosecution's evidence, and identify weaknesses in the case. At Perlman & Cohen Los Angeles Criminal Lawyers, we understand that this phase serves as a tactical battlefield.
Understanding how preliminary hearings work can help you know what to expect as your DUI case moves through the Los Angeles court system. Call us today at (310) 557-1700 to schedule a free consultation with a Los Angeles DUI preliminary hearing lawyer.
When your freedom, license, and record are on the line after a DUI arrest in Los Angeles, CA, having a defense team that understands local courts and criminal procedure can make the process easier to navigate. A Los Angeles DUI lawyer can review the evidence against you and determine how to approach the preliminary hearing.
Benefits of hiring Perlman & Cohen Los Angeles Criminal Lawyers include:
There's no charge for an initial case evaluation with our Los Angeles criminal defense attorneys. Reach out when you're ready to discuss your case and the next steps in your defense.
A preliminary hearing is a court proceeding generally held in felony cases where a judge decides whether there is enough evidence for the charges to move forward. This is not the trial itself, and the judge does not decide whether you are guilty or not guilty at this stage. The prosecution instead has to establish probable cause, a much lower standard than proof beyond a reasonable doubt.
Because most DUI charges in California are misdemeanors, preliminary hearings are not part of every DUI case. Felony DUI charges can arise in circumstances that include certain injury DUI cases, qualifying repeat DUI offenses, or cases involving specified prior felony DUI convictions.
At this stage, the defense does not usually present its own case. Instead, our Los Angeles DUI preliminary hearing attorneys can focus on cross-examining prosecution witnesses under oath, testing the basis for their testimony, and identifying problems that could affect whether particular charges move forward.
Several outcomes are possible when a felony DUI case reaches the preliminary hearing stage. What happens depends on whether the prosecution presents enough evidence to establish probable cause for each charge.
If the judge determines that the prosecution has not established probable cause for a particular charge, the defendant may not be held to answer on that charge. If the prosecution meets its burden, the judge can order that the defendant be held to answer, allowing the case to continue toward further proceedings in superior court.
In some cases, the offense charged may legally be punishable as either a felony or a misdemeanor. Depending on the particular charge and circumstances, the court may have the authority to treat such an offense as a misdemeanor. That option does not apply to every felony DUI allegation.
A preliminary hearing can therefore narrow the issues in a case even when it does not bring the entire prosecution to an end. Our Los Angeles DUI attorneys can leverage this pivotal phase to challenge the prosecution's narrative.
At a Los Angeles DUI preliminary hearing, the defense can challenge whether the prosecution has enough evidence to establish probable cause for the felony charges. Rather than trying the entire case, the hearing allows the defense to question prosecution witnesses, test important parts of their account, and identify gaps in the evidence the state is relying on.
Issues that may become important at the hearing include:
A preliminary hearing gives our Los Angeles criminal defense lawyers an opportunity to examine these points before the case proceeds further. The questions raised will depend on why the DUI has been charged as a felony and what evidence the prosecution presents.
A preliminary hearing is more than a procedural step. It gives the defense an opportunity to question prosecution witnesses, examine the evidence supporting the felony charges, and argue that allegations lacking probable cause should not be allowed to proceed.
At Perlman & Cohen Los Angeles Criminal Lawyers, our attorneys have 40+ years of combined experience handling criminal cases. If you're facing felony DUI charges in Los Angeles, contact the firm today to schedule a free consultation. Our Los Angeles DUI preliminary hearing attorneys can help you prepare for the next stage of your case.
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