Hex or anyone who knows...

[KRSMom]

What is the name of your state? NC

What happens in a "preliminary" hearing? There has already been an arraingment (sp) and now there is a preliminary hearing? Can anyone explain these two things to me?

Thanks!

 

[hexeliebe]

A prelim. hearing is to establish if enough evidence exists for a trial to be held. It is also an avenue for attorney's to make motions such as the exclusion of evidence and other pre-trial motions.

If the judge thinks the state has enough evidence to warrant a trial, one will be scheduled. If not, and if the attorney moves for summary judgement or for the charges to be dismissed due to lack of evidence, then it's over with.

 

[KRSMom]

Thanks! Does the defendant need to appear at the prelim?

I'm sure you've told me this before--but what is an arraignment for? Is that to get a lawyer or to have a public defender appointed?

 

[hexeliebe]

Yes and no...it depends on the charges and if you have an attorney or not.

As for the arraignment, it's to hear the charges against you and to enter a plea then set a date for the prelim.

Just some personal advice. I would always appear at any hearing no matter how trivial the subject matter.

 

[KRSMom]

Thanks for the info!

I am pretty sure that she will have an attorney appointed to her. I was just wondering if she would have to show up or not. I was thinking of attending the prelim--but didn't know if I would bother if she didn't have to be there herself.
I am pretty sure there will be enough evidence to have a trial. She was recorded on video writing the checks that she had stolen.

 

[hexeliebe]

Even if she doesn't have to show you still can. Never know what you might learn

 

[KRSMom]

I think I just might. This law stuff is so very fascinating for me! Would you recommend it as a career? Of course as you can tell, I know absolutely nothing about it though--could be a rough road to follow!! ha ha

Is there a way I can find out who bailed her out of jail the evening she was arrested?

 

[hexeliebe]

Now why would you want to know that? There are all kinds of ways you can find out, some legal some otherwise however, as to your first question, I have spent more than 10 years researching and writing opinions on international law and treaties and it's still new to me.

I never had the patience to complete law school nor the patience to work within a system I found to be lacking in so many traits I find admirable. That's not to say there aren't many admirable attorneys, judges and other court officials. It's just that justice is not the overriding factor in many dispostions.

And that's why I stuck with writing position papers and legal opinions for NATO. It kept my Germany in good steed and I was able to really help in matters that I cared about.

If you find the law interesting, then take a few courses and see if you want to pursue it. Or study on your own only to have a respect for the process of law and its affect on a civilized society.

After all, you can't break the rules until you understand them.

 

[KRSMom]

I thought about taking a Paralegal course but I'm just not sure if I am ready for that. I think I will take it a little slower.

Anyway, what are some of the ways to find out who bailed her out? The reason I am curious is because unfortunately I think the person who bailed her out may be my mother-in-law whose checks she stole!!!! I guess I am just being way too curious and nosy!!! Can't help it!!!!

 

[hexeliebe]

Ask your mother-in-law or you can request a copy of the booking sheet for the day she bonded out.

Otherwise, the court papers will have reference to who is on the hook for her bail.

 

[KRSMom]

I wish it were that easy to get the truth out of her!! No chance.

Who do I ask about the booking sheet? Is this also public info? Is there always a bail bondsman involved? If so, aren't those confidential?

 

[hexeliebe]

Here is the way I used to do it when I owned a newspaper. I spoke with the desk sargeant who was on duty at the time of the subject's arrest and they knew I was interested so when the party bonded out, I would get a call informing me who put up the bond.

The easiest way for you to find out is to attend the trial or to ask the court clerk if they have a copy of the file which may have the bonding company and/or the personal surity paperwork if it was an individual.

Or you could ask the prosecuting attorney.

Or call all bonding services in the area...

Or, and this is personal advice, forget it. If you take too much interest in the case you might come under interest yourself.

 

[KRSMom]

You are so right!! I have found myself spending way too much time thinking about this person!!! Time to move on-----once the trial is over!!! ha ha ha

Thanks again for sharing your knowledge with me!