A Lawyer in St. Augustine Discusses Preliminary Hearings

What Is the Standard of Proof?

What is the standard of proof in a preliminary hearing? This principle varies from case to case, but sometimes the standard of proof is simply probable cause. At other times, the prosecution needs to establish what is known as a “prima facie” type of case. As your lawyer in St. Augustine will tell you, this occurs somewhat more frequently than simply probable cause.

In the case of prima facie, the prosecution must establish probable cause to present evidence that you were in fact the person who actually committed the crime. On the other hand, both standards of proof situations need substantial evidence greater than probable cause for an arrest to take place. This is where your lawyer in St. Augustine will step up to protect you properly.

The Role of the Arresting Officer

The district justice is often a retired police officer or at least works closely with the police in some respect day today. That is why it is important for your lawyer in St. Augustine to approach the investigating or arresting officer to pitch the personal trial assessment. The officer may have doubts that your attorney in St. Augustine will need to address. Most of the time, however, your attorney in St. Augustine can work through this successfully.

Cross-Examination Is Key

The right to cross-examination is important because it allows the plausibility of the story of the witness to be tested by your lawyer in St. Augustine.

Many magistrates will understand that such an assessment of witness credibility is vital to the case for all parties, including you and your lawyer in St. Augustine. It is important that your lawyer in St. Augustine cross-examine and investigate the witnesses carefully so as to not give them too much practice with cross-examination before the trial with your lawyer in St. Augustine.

Contact an Attorney in St. Augustine

Make sure you are getting the assistance you need by retaining a lawyer in St. Augustine who can guide you through your criminal trial. Contact the attorneys at Canan Law at (904) 849-2266 today to schedule a free initial consultation.


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