Can You Do Your Job Too Well At A Preliminary Hearing?
Is it possible to do too good of a job at a preliminary hearing?
Maybe. Although it is nice to show the prosecutor that he has a weak
case, it is possible to convince the Magistrate judge to dismiss the
case only to have the prosecutor present the case to the Grand Jury
If this happens in a jurisdiction that allows preliminary hearings
for those out on bond (very rare), once the case is indicted, your
client will have to post a new bond. The trick is to show the
prosecutor the weaknesses in his case, then do a follow-up with the
prosecutor to try to get him to either dismiss the case or prosecute
a lesser offense.
Of course, if your client is in jail unable to make bond, it is
virtually impossible to do too good of a job. If possible, get the
case dismissed so your client can be released.
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