In California is it typical to have your first court appearance to be followed the very next day with your preliminary hearing?

Asked almost 3 years ago - Redding, CA

the case has to do with timber theft or cutting fire wood in an area that wasn't allowed and an employee of the Forest service set up there own personal camera's to catch the people involved, however they watched them cut wood illegally 13 times before raiding the homes of the people involved.

Attorney answers (5)

  1. Chris J Feasel

    Contributor Level 17

    1

    Lawyer agrees

    Answered . To answer your title question, no it is not typical. Typically, on felony cases (where you get a PH), you get arraigned, then (if you do not waive the statutory time limitations) you can concieveably have a PH within 10 court days of your arraignment. In those cases, the PH is usually done on the 8th or 9th day, and sometimes there is an interveening "pretrial" conference (different counties call it different things). I have never heard of a PH on the day after the arraignment, and I doubt that is the case, as the burden is on the DA at a PH, so the DA has to present evidence, which means subpoenaing police officer and witnesses, which (I don't care how good you are) can't be done in less than 24 hours. So no, your scenario is very unusual.

  2. James H. Dippery Jr

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I agree with the first answer that a Preliminary Hearing would not happen that quickly in CA, but is your case in Federal Court?

    If you would like a free phone consultation call me at 530.778.3887 in Weaverville. Or you can contact me through my website www.JamesDipperyLaw.com

    I do practice in Shasta County.

    James Dippery
    Attorney at Law

    Although I am an experienced CA criminal defense and appeals attorney, I can not 'guarantee' that my answer is... more
  3. Harry Edward Hudson Jr

    Contributor Level 20

    1

    Lawyer agrees

    Answered . There is something definitely strange here. The code provides that counsel is entitled to two days to prepare, If this is a state court and not a federal action.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  4. Harry Edward Hudson Jr

    Contributor Level 20

    1

    Lawyer agrees

    Answered . There is something definitely strange here. The code provides that counsel is entitled to two days to prepare, If this is a state court and not a federal action.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  5. Andrew Blair Leventhal

    Contributor Level 8

    1

    Lawyer agrees

    Answered . A defendant has the right have a preliminary within 10 court days from the time he/she was arraigned on the felony complaint or indictment. Thus, the very next day after the arraignment on the felony compl or indictment would be day 1/10; if both sides are ready than the prelim will proceed. But, it depends upon the jurisdiction. In Los Angeles for e.g., it is rare to proceed any earlier than the 8/10.

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