Item: Law Office of Param S. Pabla
Rating: 5
Author: Gurpreet

Preliminary Hearings: The Standard of Proof, the Role of the Arresting Officer, and Cross Examination

The purpose of the preliminary hearing is to figure out whether or not there is sufficient evidence to warrant a case being brought to trial. A Sacramento criminal defense attorney can answer your questions and prepare you for what to expect at the preliminary hearing.

What is That Standard of Proof to Be Bound Over for Trial?

In certain jurisdictions, the standard of proof at the preliminary hearing is “probable cause,” whereas in others, the prosecution must establish a “prima facie” case (which is more difficult to establish than probable cause). In either situation, the prosecution must have something more than the probable cause that was needed to search or arrest you. This is to ensure that only cases that have substantial merit are actually brought to trial.

What is the Role of the Arresting Officer at the Preliminary Hearing?

The arresting officer’s version of events carries great weight with most courts. For this reason, your Sacramento criminal defense attorney will most likely want to talk to the arresting officer prior to the hearing. The officer may be open to offers for a non-criminal disposition (for example, restitution) and/or the officer may alert your attorney of subjects to avoid during questioning at the hearing.

Will the Witnesses Be Questioned?

Your Sacramento criminal defense attorney may cross-examine any witnesses to explore the reliability of the witness’s version of events, as well as their ability to remain consistent under heavy questioning. However, your attorney needs to be cautious with this type of questioning as courts will not allow questions pertaining to bias, motive, criminal history, or general (uncharged) acts of dishonesty.

If you need the services of a Sacramento criminal defense attorney, call Param Pabla at (916) 285-7900 to schedule a consultation.

★★★★★

“Mr. Pabla represented me with my DUI case. He has excellent communication skills and always kept me informed. Mr. Pabla made sure I understood the process and my rights. He eased my mind through a very stressful situation. I highly recommend Mr. Pabla.” Gurpreet

“I am so happy with the service that I received from Param S. Pabla. Jarrett did a great job solving my legal issue and I can’t recommend him enough! He was able to do everything quickly, painlessly, and was ALWAYS available to talk when I needed him. If I ever need help again, I will definitely use him!" Boris

“Param was excellent in my court case of failure to stop at a stop sign. The officer could not see clearly because he was too far away. The officer insisted he could and said he had video but could not produce it at the trial. The officer then asked if he could suspend the trial to go get the video but the judge said he should have had plenty of time to get the video ready beforehand. Needless to say, the judge ruled in my favor and dismissed the case which enraged the officer. Pabla Param’s defense and cross examination skills were excellent and paramount in having the case dismissed. Highly recommended.” T.C.

“My husband and I needed to update everything -family trust, will, medical stuff. Param was really patient -answering all my questions -even when I asked them twice. He wanted to be sure I understood everything we were doing. All docs were sent to us so we could go through them on our own time before anything was finalized. I also liked when we were looking at medical stuff that he had a conversation with me about what I wanted and pointed out some things I didn’t think of.” Debbie

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