What does it mean when on court papers it says,"PX VACATED AND RESET?

Asked over 1 year ago - Oroville, CA

Does this mean that they are going to through the whole thing out????

Attorney answers (5)

  1. Joshua Kaizuka

    Contributor Level 16

    4

    Lawyers agree

    Answered . You really need to talk to your attorney for the specifics as to why the preliminary hearing was reset. In general, if an individual is charged in a complaint for a felony offense, he or she has a right to have a preliminary hearing (PX) within 10 court days unless that time limit is waived. A PX is like a mini trial but instead of a jury, it is a judge who hears the evidence in the case to determine whether or not there is sufficient evidence to meet the elements of the offense for a jury to determine whether or not an individual can or should be found guilty of a crime or crimes. It is a rather low standard and in California, the evidence at a PX can include what a cop says what someone said depending on what the statement may relate to. If the PX was vacated and rest, it most probably means that the PX never happened and that it was reset or continued to be conducted on a future date. If in your case, you did not sit in court and watch what looked like witnesses taking the stand and testifying, the PX never happened so there is nothing to go through all over again. Talk to your attorney since PX only happens in felony cases.

  2. Vijay Dinakar

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Sounds like your preliminary hearing has been continued to a future date. Best bet is to ask the defense attorney about the details.

  3. Joseph Salvatore Farina

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Prelimiary hearing was simply reset to a future date. Case is not being dismissed.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The... more
  4. Susan Marie Hearne

    Pro

    Contributor Level 11

    Answered . A PX is a preliminary hearing. It's a hearing in front of a judge. The judge hears the evidence to determine whether or not there is sufficient information for the case to continue to trial. A PX has a very low burden of proof, and hearsay, what was told to an officer, is allowed at a PX. So, if your PX was vacated and reset, it just means that it's scheduled for a different day.
    If you have a PX, this means you have a felony case. I suggest you call around for an attorney who can assist you. A felony conviction can change your life in so many negative ways. Invest in your future!

  5. Paul Nathan Puri

    Contributor Level 8

    Answered . It means the preliminary hearing was given a new date.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,358 answers this week

3,224 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,358 answers this week

3,224 attorneys answering