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YOUR FELONY CASE MUST BE DISMISSED IF YOUR PRELIMINARY HEARING IS DELAYED BEYOND STATUTORY TIME PERIOD

By Walin & Klarich

A recent court of appeals opinion has ordered that felony charges be dismissed against a defendant when his preliminary hearing was continued due to the illness of the prosecutor and when the sheriff failed to bring the defendant to court to waive his right to an earlier hearing. The court held that once your preliminary hearing commences you have the right to have it concluded without interruptions. In this case the defendant did not agree to continue his preliminary hearing beyond a specific date. When that date came, the prosecutor was ill. The court held that this illness was not sufficient cause to continue the defendants preliminary hearing as he was not brought to court and did not ?waive his right? to a continuous preliminary hearing...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 02, 2008 (boomark / email).