What will happen at Prelimary?

[Curious_Law]

What is the name of your state? NY

Help... My cousin will be in court on Monday for his Prelimary on Felony charges. I am just curious what would happen there? What is the procedure? Who would be there? Will there live witnesses or just reading straight from Police report? Will it be an open or close court? Can relatives be there to support? Would someone gimme some ideas. Serious only please. Thank you in advance...

 

[stephenk]

it is the hearing where the prosecution presents enough evidence to have your relative held over for trial on the charges. without knowing what the charges are, it is hard to say what will be presented.

your cousin's attorney may waive the hearing if there is enough evidence to charge him with the felonies. if the case is very weak, the defense attorney can cross-examine any of the prosecution witnesses but a case is rarely tossed out at the preliminary hearing.

 

[Curious_Law]

Thank you for your info. Based on this, we should be there for him One more question, would it be an open court with several other cases or just close court(room ?) with Judge / Prosecutor / DA? Thanks so much in advance...!

 

[stephenk]

open court.