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What is the difference between a preliminary hearing and a status hearing? What happens after a status hearing?

Jacksonville, FL |

What happens if the judge notices that there is not enough sufficient evidence to convict?

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Attorney answers 3

Posted

The Judge does not make a decision as to whether there is sufficient evidence to convict. An attorney can file a Motion to Dismiss saying that the state cannot prove a required element of the charge, and that can be granted by a Judge, but that would not happen at a status hearing or preliminary hearing.

Although AVVO answers provide a starting point, nothing replaces the opinion of a qualified DUI defense attorney knowledgable about the Judges and prosecutors near you. You should consult a local lawyer for legal advice. Www.orlandocriminalteam.com Www.orlandoduiteam.com Www.orlandoduilawfirm.com Www.flduilawfirm.com Www.orlandodivorceteam.com

Asker

Posted

ok thanks. if they file a motion to dismiss, how long will it take for that to be put in action

David S Katz

David S Katz

Posted

That depends on how quickly their lawyer works. I am not trying to be flip about it, but the person to ask is the person who is helping them. I could get it written and filed in less then a day, but know nothing about the case or even if it is appropriate. You would be better off speaking directly to their lawyer. Good Luck.

Posted

There are many names for hearings, and sometimes you need to ore of the context to describe what a name might mean. For instance, there are preliminary hearings that are specifically to challenge the arrest of the individual, they are called preliminary adversarial hearings, because evidence is presented by both sides, argument is heard, and the judge decides an issue. Other than one of those, which only happens under certain circumstances and by request of the defense, status or preliminary hearings are an opportunity for the court to manage the case. The judge will want to know the status of discovery, the need to for court assistance to move things along, the date of any possible upcoming events, the waiver of certain rights, etc. After a status hearing, which includes many preliminary hearings, the next steps occur, whatever they may be.
A judge cannot drop a case - only the prosecutor can decide to drop a case. But, a judge can answer requests by the defense - and one such request is to dismiss a case for lack of evidence. But that does not occur until a request is made and that request, hopefully, is based upon sound legal argument and the rules and law.
I suggest you consult with an attorney on the specific facts of this situation for a more detailed and satisfying answer.

The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.

Posted

The judge on his or her own will not usually make that call. Hire a local lawyer who can raise that on a motion to dismiss if it is true.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

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