What Does a Judge Look For in a Preliminary Hearing?

what is the judge looking for during a preliminary hearing hi my name is ryan cannone i'm an attorney with worth law office and if you have questions about preliminary hearings or prelims as we call them

uh then check out my other video kind of explaining what they are and you know going into a little bit of detail there this video though is going to explain what a judge is looking for so a judge is looking to make sure they

have jurisdiction meaning that this happened in their county uh this is the type of it's a criminal offense that this all falls within their scope of their power

it also deals with venue which is more the county issue uh there it also looks at the elements of the crime so whatever crime is alleged there are a breakdown of elements meaning

there are certain things that the state has to prove to prove you are guilty of that crime so a judge is looking to see if the state can prove those elements even by just a very low burden

not beyond reasonable doubt but just it's likely that you were in possession of a controlled dangerous substance without a lawful prescription something like that uh and i'm

not going through elements of actual crimes here i can do that in a later video but that's what the judge is looking for you see if they have the authority if it's something within their court's power to to here uh if it's within their

county and whether or not the elements have been met judges are also looking for especially in victim cases or uh or cases where there's alleged victim

identity uh whether or not you know the victim's been identified a lot of times that's part of the elements you also have an identity component of proving that the person you know the defendant the alleged perpetrator

is the one that did it someone in court is going to have to identify you as the perpetrator now that identification doesn't have to be very elaborate it can be now do you see that person in the

courtroom today yes he said it he's sitting in the table to the right and a blue shirt with glasses and the prosecutor will say your honor with the record reflect the witness has identified the defendant

that's something that has to be done in these cases a lot of times date is something else like the time of it to prove this is is not something that's too old to prosecute these are all things that a judge is

listening for during a prelim and it's what your attorney is listening for during a preliminary hearing so if the state forgets any of these these components then that's a time where your attorney can get up and try to get your case

dismissed if you have questions about preliminary hearings and what all is involved or if you have one coming up and you want to talk to an attorney then please give us a call shoot us a web form tahlequah attorney dot com let us

know thank you