Criminal Trials, Hearings Defense at Preliminary hearing

[Goody]

I was arrested when someone I know claimed I ran into them on the street and pulled a knife on him and his friends. He claims to have witness's. I'm facing a slew of serious charges. The thing is, I have a sound defense, I was at my college in class at the time I was supposed to have been threatening him with the knife. I can prove it. My question is, will this be enough to prevent this from going to trial? If so, will he be arrested at court for lying, or can I have him arrested?

 

[lwpat]

You need to retain an attorney. Your defense needs to be presented properly and your case will probably be dropped at the preliminary hearing. Filing a false police report is a crime but most of the time they won't follow up on it.

 

[Goody]

Thank you for the response. I'm using a public defender as it's all I can afford, but hopefully it will get the job done.

The reason I was worried was because she told me (My defender) that even though I'm innocent, depending on the testimony of the plantiff, the judge could still send it to trial and that sometimes it's better to take the hit and grab the plea. I really don't want to take a plea, but she told me that sometimes it's the better choice if it's reasonable enough, and could be the difference between jail and a serious criminal record. Is she right about this?

 

[CdwJava]

The preliminary hearing is where the state will present evidence to a court in order to establish that there is sufficient cause to believe a crime was committed and that the defendant committed the crime. If your attorney can present proof that you could not have committed the crime, then the court would likely not sustain the charge. Your attorney may even be able to forestall the prelim. by telling the DA about this first.

However, if this is an issue of the alleged victim being incorrect about the time, don't count on that saving you. In other words, if you were in class from 2 PM until 4 PM, and the victim says they think it happened at 3 PM but it REALLY happened at 5 PM, this error may still allow them to sustain the charge. Most victims aren't looking at watches when they get threatened.

So, let your attorney know what you have.

- Carl

 

[Goody]

I could wind up going to trial anyway then. So maybe the plea bargain may be the way to go if offered?

BTW, thank you to everyone who replied, your info is very helpful. This is a trying time and the knowledge you give me really does qwell my nerves. Thanks!

 

[Goody]

I find this all really mind blowing. How someone can get a couple people to lie for them and then have a person arrested and brought to court. A legal question, not really relevent, but suppose I didn't have proof I was at school? Suppose I was with a friend or a family member and I had them testify that I was with them; would that be enough to get everything dropped? Or is their testimony alone not enough to prevent going to trial?

 

[seniorjudge]

I find this all really mind blowing. How someone can get a couple people to lie for them and then have a person arrested and brought to court. A legal question, not really relevent, but suppose I didn't have proof I was at school? Suppose I was with a friend or a family member and I had them testify that I was with them; would that be enough to get everything dropped? Or is their testimony alone not enough to prevent going to trial?

Re-read Carl's post.

If your alibi is just about TIME, don't count on the alibi.

If the witnesses can testify about IDENTITY, then you have a real problem.

 

[lwpat]

Sounds like someone is GUILTY.

 

[calalily]

Just curious; What is your history with the accuser that he would falsley accuse you? What reasons did they give for you pulling a knife, or do you even know? Also, why would your lawyer tell you to take a plea if you are innocent? Were you able to get a copy or see a copy of the police report?

 

[Goody]

Honestly, I'm really not guilty. I really was at class. My attorney didn't say I was taking a plea, she simply stated that if a plea was offered that was good enough, I may want to take it. My class excuse is true but as my attorney pointed out, it is flawed in one regard. I must scan in to attend class with a card, but I don't have to scan out. I'm sure everyone here knows what that could mean. However, given the distance between my school and the location the crime supposedly happened and the time it occured, would make it hard for me to go to school leave early and commit the crime. My attorney believes we have a strong defense but said if they offer a really good plea we may want to take the hit.

The history is that I dated his present girlfriend, she and I still talk as friends and he doesn't like that and he accused she and I of cheating. It lead to an arguement at a party, then that was it until he claimed I threatened him with a knife. Which I really didn't. I don't know the reason he claimed I did it, but the report I was given list the charges which are

Carrying a weapon of crime on the streets of phila

Reckless endangerment of another person

Possession of a weapon of crime with intent

Terroristic threats with intent

You say if they have proof of Identity, I'll have a problem. We'll I know his witness can idenitify me, he knows me. Just because someone knows what I look like means they can make a crime stick?