what now??

What is the name of your state? CA

Hello,

I posted here before about my child's father being arrested & charged w/ posession of a narcotic substance. anyway, he was bailed out by his mommy/daddy after about 2 weeks in jail, had a court date where I thought that's when he'd be sentenced. according to his mother the lawyer said that he'd most likely get 2 yrs., but after contacting the courts to get an update they said that he had a preliminary hearing next month. they informed that's where they'll hear both sides to see if there is enough evidence to go to trial, which totally surprised me b/c i thought the case was cut & dry after the arrest. can someone give me some insight as to what will most likey happen & what does all of this mean, going to trial and everything?? i'm not in contact w/ my child's father & recently stopped w/ his mother, so i don't know all the details.

thanks

They'll hear both sides to see if there is enough evidence to go to trial.

If yes, a trial.

If no, he walks.

i just thought that after the arrest that was it, he would be sentenced. not that i want him to b/c my son needs his financial support, but i didn't know that it could go through all of this. does that mean his lawyer found a gliche of some sort. i just hate the waiting part...very stressful!!!

momof1cutie said:

i just thought that after the arrest that was it, he would be sentenced. not that i want him to b/c my son needs his financial support, but i didn't know that it could go through all of this. does that mean his lawyer found a gliche of some sort. i just hate the waiting part...very stressful!!!

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Q: i thought the case was cut & dry after the arrest.

A: I have one word for you: O. J. Simpson. No...wait...that was three words. Sorry.

i guess when you put it that way. is there a way that i can find out what the DA plans to do w/ this case...public information??

momof1cutie said:

i guess when you put it that way. is there a way that i can find out what the DA plans to do w/ this case...public information??

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The DA will not share his case plans with you.

Plan on attending the next hearing, you know where to look up the docket, and you can also access the tenatitive rulings before it may save you a trip. After arrest they get arrigned, pre-trial hearing, then trial, they are not sentenced until after they plead or are found guilty. There was a time when we strung u'm up on the closest tree, the same day as they were caught. There may be no trial or a brief one if there is a plea bargin. Don't give into his mommy's pleading, let him face the music. But you can watch.

Oh

rmet4nzkx said:

Plan on attending the next hearing, you know where to look up the docket, and you can also access the tenatitive rulings before it may save you a trip. After arrest they get arrigned, pre-trial hearing, then trial, they are not sentenced until after they plead or are found guilty. There was a time when we strung u'm up on the closest tree, the same day as they were caught. There may be no trial or a brief one if there is a plea bargin. Don't give into his mommy's pleading, let him face the music. But you can watch.

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Momof1.. I am not trying to be sarcastic... but its not like Law and Order... it takes much more time... I know someone who has had a child custody case that has been dragging out for years, involving drugs possible sexual abuse and so much more... It is so sad.. and taking so long.
Good luck, breathe... and take care of that cutie.


Gee Doc... I didn't know you were so old? ( at least I have youth on my side when it comes to Da Judge. )

The reason how I found out he had a pre-trial hearing was by calling the criminal dept. of the courts, so I guess i'll just wait for then. Oh believe me, his mommy giving me her sob stories about this situation & how it could affect HER SON w/ child support doesn't make me think twice about it. He made another stupid choice and again, he needs to pay whatever consequence will come of it. Like I said, the waiting is the hard part, but if it came down to him serving some time my child will be okay...I made sure of that a long time ago!!!!

California courts are famous for allowing cases to drag on for years. If he takes a plea, it will probably end within a couple of months, if he fights it, it couild go on for over a year. Best advice is don't let it stress you out. You can't do anything about it one way or the other so the waiting shouldn't be hard on you. Let him go dear......

Due process means you get a trial to dispute the charges. You don't just get arrested and then sentenced. A preliminary hearing is a proceeding where the judge determines whether there is enough evidence to hold him for trial. In a possession case, it should not take more than a couple of hours. After that, he will got to trial, probably within 2 to 6 months, unless he is offered and accepts a plea bargain and pleads guilty instead of going to trial. California cases do not drag on for years, except some big murder cases which require a lot of preparation.

Oh believe me, I let him go aloooong time ago, but this has to do w/ my child now. He must have gone back to work b/c I received a support check after 1 month...at least he was able to do that much huh??
Anyway, I didn't think that it would have taken this long, but I'm sure that he doesn't want to go back to jail, so he'll do what needs to be done to stay out. Especially b/c he doesn't want to have to owe major back pay for child support!!!!

ENASNI said:

Momof1.. I am not trying to be sarcastic... but its not like Law and Order... it takes much more time... I know someone who has had a child custody case that has been dragging out for years, involving drugs possible sexual abuse and so much more... It is so sad.. and taking so long.
Good luck, breathe... and take care of that cutie.


Gee Doc... I didn't know you were so old? ( at least I have youth on my side when it comes to Da Judge. )

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I said there was a time.... Historical fact. Not that I was there