My lawyer knows of the hearing, but doesn't feel she needs to be there.. is this normal? I thought the point of having legal representation was to be represented?
Likely because it won't be helpful with respect to settling your claim
Are you testifying as a victim because you've been subpoenaed by the DA? Your PI lawyer will probably simply get a copy of hearing transcript. But, you should probably ask her to explain herself rather than a bunch of strangers on the internet. She'll just piggy-back your case on the DA's prosecution and hopefully collect some insurance proceeds. When I was a DA, PI attorneys were largely seen as a nuisance.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
Unless there is a possibility that you will need to exercise your 5th amendment right to remain silent then there is no need for an attorney there.
I'm not sure if I am interpreting this right. Are you testifying as the witness in someone else's DUI preliminary hearing? Is the person charged with the DUI the individual who caused your injury, and did they do so as a result of driving under the influence?
Probably because your personal injury attorney does not know anything about criminal defense. You should be more worried that your criminal defense attorney is there to represent you so that you are represented the right way!
The purpose of the preliminary examination in a felony case is for the prosecution to demonstrate to the judge (not a jury) that there is 1) probable cause that a crime was committed, and 2) that the defendant is the one who committed the crime. The standard of proof is lower than what is required to convict a defendant at a criminal trial, which requires the "beyond a reasonable doubt" standard.
If the defendant is unsuccessful in having the charges dismissed at the end of the preliminary hearing, the judge will order the defendant held over for trial and for the defendant to be arraigned on what is called "an information." The results of the preliminary hearing are of no use to a civil personal injury case. All that is really of any use during the preliminary hearing is your sworn testimony, which can be used to impeach you in the future criminal trial, or the civil case. Your personal injury attorney would not be able to - and would not be allowed to - have any influence on your testimony on the stand.
DISCLAIMER The materials appearing on this website are provided for informational use only, and are in no way intended to constitute legal advice. Transmission or receipt of any information from this, or any, website does not create an attorney-client relationship, and you should not act or rely upon any information appearing on this website without seeking the advice of an attorney. The law is constantly changing, the materials appearing on this website are not guaranteed to be up-to-date. The application of law is dependent on the facts of each case, and no two cases are ever similar. It is important that users of this site realize that it is risky to assume that their case is identical to someone else's, without consulting with an attorney.
Probably because a PI lawyer has no say in what happens at a Preliminary Hearing. In fact, if they are prosecuting the person who hit you, you may not need an attorney as the DA will get a Restitution Order as part of any conviction or plea bargain.
Also, PI lawyers get paid a % of the settlement, not an hourly; so they would just get the transcript instead of hanging around court.
Lastly, as a former prosecutor, i hated it when a PI lawyer approached me in court so i could be the "bag man" and get a large restitution order.
Because many personal injury lawyers would rather chew glass than appear in court.
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
You're appearing as a witness in another proceeding. Your PI lawyer will have no ability to question you and will be forced to spectate only.
No, she does not need to be there. Have her prepare you for what to say about your injuries, if that even comes up at a preliminary hearing.
Your personal injury lawyer represents you in the civil matter not the criminal matter. And if you are testifying as a witness then she cannot do anything for you there. There is no representation as a witness needed if you are not the one who has charges pending against yourself.
I agree with the general consensus from the other responding attorneys. Your PI attorney is only concerned with the defendant getting convicted. It's the DA's job to prepare you as a witness to ensure your testimony is good enough to get that done. There really isn't anything your PI lawyer can do at the prelim. except be there for emotional support--but the DA's office can even provide you with that through its victim/witness program. Just sit tight and let your PI attorney do his/her job negotiating a settlement with the insurance company.
I recommend you discuss this with your attorney, and if you don't feel comfortable with your attorney then find a new one. You need to have an open relationship with your attorney in order to have effective representation.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline