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If you have been accused of a crime you should seek legal representation as soon as possible.  Many people come to my office and are unaware of where they are exactly in the legal system.  

Most of the time in California Courts at least you have the case negotiation, before the preliminary hearing and if the case settles than there is no need for a preliminary hearing. 

However, there is many different exceptions to that rule.  Many times there I have revcieved offers in the middle of a preliminary hearing.  And immediately after the preliminary hearing that are better than the last offer given depending on the circumstances and how things went during the preliminary hearing. 


A preliminary hearing is a probable cause determination.  Simetimes you will hear a Judge say reaonable probability to believe a crime was committed and this person committed the crime.  

This is inocmprehensible and basically means that there is probable cause to hold the defendant over for trial.  This means that the case will not be dismissed by the Judge. 

If the Judge dismisses the case the proseuction can refill one time and bring more evidence.  Or the prosecution can choose to bring the case to a grand jury for a determination of probable cause.  If the defendant loses he can bring what is called a 995 motion to have the decision of probable cause reavaluated by the same Judge that made the original determination.  This is often the case some Attorneys rarely file the 995 motions but some are granted. 

If you are doing a motion to suprress they must be heard befor the prelim usually scheduled on the same day.  You cannot argue the validity of a search during a prelim instead you should file the motion to suppress before the hearing. 

If you lose the motion to suppress you can file a appeal on just the issues pertaining to the motion to suppress.  

If you have any further questions you can give us a call at 559 441 1418. 

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Gerald Schwab, Jr.


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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: 559.441.1418