Can a public defender request a grand jury hearing at a preliminary hearing?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a public defender request a grand jury hearing at a preliminary hearing?

My brother was charged with a bogus domestic violence charge by a vindictive ex-girlfriend. It’s sticking though as a Felony 4 because he does have a prior conviction. The prosecutor made a decision to have a judge hear the evidence at a preliminary hearing before a PD was selected for my brother. Can the PD request a grand jury hearing at the preliminary hearing with the judge? The public defender won’t be chosen until the day of the hearing.

Asked on January 6, 2011 under Criminal Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is an important distinction here that you need to understand. 

Generally speaking it is one or the other. In other words, if a preliminary hearing is done, then it is possible that a court will find probable cause to charge the defendant with the crime.  If instead a grand jury indicts the defendant, then that means that they have found probable cause as well.  Do you see what I mean here? In New York, a defendant has right to testify on his or her own behalf at the convening of the Grand Jury. But a defendant does not have a right to demand a Grand Jury proceeding.  Your brother needs to speak with his attorney once the attorney is appointed on his behalf.  Good luck to you. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption