Before a criminal defendant attends a preliminary hearing, his or her Fresno criminal attorney develops a defense theory of why he or she should be found not guilty. During this hearing, the Fresno criminal attorney will attempt to focus this proceeding on the legal theory that will help lend to support that defense theory. Additionally, he or she may try to exclude evidence harmful to this theory. However, your Fresno criminal lawyer may decide to change this theory if the preliminary hearing indicates that it will not be successful.

Preparation

Your attorney may ask you a variety of questions before the preliminary hearing to gather information. For example, he or she may ask if you concede that you were indeed at the scene of the crime, if you have some justification for your behavior, and if you have a prior history with the victim or other individuals who may testify. Your attorney can use this information to help create his or her theory of the case. Additionally, he or she can tell your side of the story by asking certain questions to the witnesses at the preliminary hearing.

Preliminary Hearing Expectations

Prior to this proceeding, your Fresno criminal attorney will remind you that the preliminary hearing is not an actual trial. Some of the issues may aggravate you, such as the victim’s lying, or abuse from an officer. An attorney who acts too aggressively during this proceeding may cause witnesses to clam up and for you to lose valuable information about the prosecution's case. Additionally, your attorney will explain that it is usually better for you and your witnesses not to testify.