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Bill Powers & John Landreth: Probable Cause Hearings

Posted by attorney F. Powers

Call Today @ 704-342-HELP or Visit Online Bill: Hi, I'm Bill Powers and we're in segment two of four regarding being charged with felonies in Charlotte, North Carolina. And right now we're talking about probable cause or probable cause hearings. Now John, can you explain a little bit about what that means? It's kind of a complicated process, isn't it? John: It is. For the probable cause hearing, what you're doing is telling the judge the basis of the evidence that the state has in your case. Now at this probable cause hearing, what you're trying to do is get the charge thrown out because the state doesn't have the proper evidence needed to charge you with the crime. Bill: Right. Now, Charlotte's a little bit different than other jurisdictions and it's primarily because we're such a big town. When I first started practicing law a while back we actually used to do the probable cause hearings. It's still allowed under the statute, it's still something that many jurisdictions do on a daily basis, we just don't. The District Attorney's office, I think because of the backlog of cases, chooses to either dismiss the charge to the grand jury and seek what's called a true bill of indictment or the accused can voluntarily sign a waiver of probable cause. As you might understand, this is complicated and there are reasons to sign a waiver and reasons to have something sent to the grand jury. But if you know somebody or you care about somebody that's in jail or currently has a pending felony in Charlotte, North Carolina, please give us a ring, we're here to help.

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