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Things to Look for When Selecting a Malicious Wounding Attorney: Part 4 The Preliminary Hearing

Unless the accused is arrested pursuant to a direct indictment, a preliminary hearing is required by law. The purpose of the preliminary hearing is for the general district court judge to determine, after hearing the witnesses and evidence offered by the Commonwealth, if there is sufficient probable cause to certify the malicious wounding charge to a grand jury for indictment and later, trial in the circuit court. But it is also the defense attorney's chance to explore the strength of the Commonwealth's case, without having to put into evidence facts that tend to support the hypothesis of his client's innocence. The defendant does not have to offer any evidence at the preliminary hearing and generally, should not unless the evidence is so compelling as to result in a dismissal of the charge, or reduction of the charge from a felony to a misdemeanor.

With the consent of the accused, the preliminary hearing can be waived, and the case will be certified by the judge to the grand jury for indictment. Waiver of preliminary hearing occurs -- in cases I handle -- ONLY when either I do not feel the need to obtain further evidence from the Commonwealth because I have the facts I need for a successful defense, or if negotiations for a plea agreement to a lesser charge or penalty upon conviction has been reached or is close to fruition.

But for those who are facing malicious wounding charges, it is between the bail hearing and the preliminary hearing that an accused should see the wisdom or error in the selection of their attorney.

During that 5 to 6 week time period the experienced malicious wounding lawyer will have done much to prepare your defense and formulate the strategy for the preliminary hearing and trial: he will himself, or had his investigators, interview people who were present during the incident, or who know the complaining witness and other witnesses; he will make the effort to have the backgrounds and credibility of the Commonwealth's potential witnesses assessed; he should have interviewed (or attempted to interview) the arresting officer (or the investigating officer who did not make the arrest); he will have submitted a discovery request to the Commonwealth's Attorney to obtain results of scientific tests that may have been performed, the substance of any statements you may have given the police, and demanded any evidence the Commonwealth has that tends to lessen either the potential punishment, or that casts doubt on the likelihood the accused is guilty of the charge.

If the attorney has done his job well, by the time of the preliminary hearing, a strategy will be in place for handling the preliminary hearing, the evidence will have been throughly discussed with the Commonwealth's Attorney (if the Commonwealth's Attorney is willing -- sometimes they are not), and advised the client of the likely outcome of the hearing, and discussed options for further action with the client.

Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.

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