Should I expect to go to jail at my preliminary hearing Thursday?

Asked 8 months ago - Altoona, PA

Its for retail theft second offense under $35. I didn't actually take the stuff out of the store I put it in the restroom because I was like wake up what are you doing but I just need to know if I should expect jail on Thursday I have a job and everything to lose

Attorney answers (7)

  1. Robert C. Keller

    Contributor Level 20

    3

    Lawyers agree

    Answered . You will not be going to jail at the preliminary hearing, but you had better retain a criminal defense attorney to represent you. If you cannot afford a private lawyer, then apply for a public defender. Good luck.

  2. Lidia L. Alperovich

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . No> A preliminary hearing is not a trial. You are still innocent until proven otherwise. You should consider having an attorney for the hearing

  3. Thomas J. Wagner

    Contributor Level 19

    3

    Lawyers agree

    Answered . If bail has not already been set, the judge will set bail, hopefully nominal bail or ROR bail. Be prepared to post bail so you won't go to jail. If you don't have an attorney to represent you, you need to get one immediately to handle Thursday's hearing. If you can't afford one call the Public Defender's Office for the county in question immediately to start the process of applying

  4. William A. Jones Jr.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Provided there is not some other important detail omitted here such as your being on probation, there is probably little chance of you going to jail when you go to your preliminary hearing. If this case was commenced by a Criminal Summons which seems highly likely, the magistrate will set bail at that time. I would anticipate an unsecured bail (meaning no money is required) based upon the facts set forth. I would highly recommend that you start consulting with qualified criminal defense attorneys to assist you in the handling of your case. Most who participate here will provide you with an initial consultation without charge. Take advantage of that to speak privately with one or more suitable lawyers. Good luck.

  5. David M. Axinn

    Contributor Level 14

    2

    Lawyers agree

    Answered . I agree with the previous posts. The question is what will the outcome of the case be. You should review the facts carefully with your attorney, to see if you have a defense, or what will happen after the hearing.

    This is not intended to provide legal advice about your situation - just a few casual remarks about a legal... more
  6. Daniel Patrick Joyce

    Contributor Level 4

    2

    Lawyers agree

    Answered . No, you should not expect to go to jail following a preliminary hearing, particularly if bond has been set already at your preliminary arraignment. You need to hire a lawyer or arrange for a public defender, if you are eligible for their services.

  7. Matthew William Hoffmann

    Contributor Level 14

    3

    Lawyers agree

    Answered . Doubtful based upon the offense. The prosecution will present evidence for the judge to determine if there is probable cause sufficient to hold it over for trial. Consult with a criminal defense attorney in your area to ensure the best possible outcome. Try Avvo's "Find a Lawyer" service.

    This answer is for general purposes only and does not establish an attorney-client relationship. Consult with an... more

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