Page 2 of 2 FirstFirst 1 2
Results 11 to 16 of 16
  1. #11

    Default Re: Amendment of Charges

    Out on bail, preliminary in general sessions: case was bound over to the grand jury. Everyone involved except for DA agreed in preliminary that they have a misdemeanor, not a felony. DA did not amended charges to a misdemeanor, he left charges as a felony and these charges have been sent to the grand jury to be heard in about 30 days.

  2. #12
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Amendment of Charges

    then from what I see, something is missing here.


    how do you know what charges the DA is submitting to the grand jury?

    If you were held over, then the judge determined there was PC to hold you over for something which will be sent to the grand jury. The judge has stated what those charges are so the DA cannot submit charges, at least based on this hearing, that the judge did not find PC to support.


    from what I can see a DA can submit charges independently of a judge so if the DA wants to also submit the original charge, I do not see why they couldn't do that


    Did the judge allow bail based on the misdemeanor or the felony charges?

  3. #13

    Default Re: Amendment of Charges

    Court clerk told me that there were no changes from the original charges. What was originally charged, had been sent ot the grand jury phase. It is now no longer in general sessions court. The judge found probable cause to bind it over to the grand jury, but commented in the preliminary hearing in general sessions court, that his opinion was that it was not a felony(original charges), but at best a misdeanor. Bail was not mentioned. It had been set 6 months ago when charges were first brought.

  4. #14
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Amendment of Charges

    The judge found probable cause to bind it over to the grand jury, but commented in the preliminary hearing in general sessions court, that his opinion was that it was not a felony(original charges), but at best a misdeanor.


    now it sounds like the judges statement was simply chatter because his opinion at that moment is defining. If he does not see PC for the felony, they you cannot be bound over on the felony charge yet you just said you were.


    and it took 6 months to get to the prelim hearing? Wow.

  5. #15

    Default Re: Amendment of Charges

    Tactics on the DA's part hoping felony evidence would fall out of the sky. This is a very small town in tennessee. DA and judge probably play horeshoes together. Arresting officer couldnt be in court first(continued), DA next(continued), then merchant(continued). Small town BS justice system.

  6. #16
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Amendment of Charges

    I see you edited a post awhile back and added you obtained the transcript. If I had seen that I wouldn't have asked everything i did


    the preliminary hearing is for the court to decide if there is probable cause to seek an indictment. He apparently believed there was because you were bound over and the charges submitted to the gj.


    You can't have the charges amended because th judge, by his actions, If nothing else, determined there was probable cause to seek an indictment.

    If the judge was accurate they will return a finding of no bill and the charges will be dismissed.

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. Misprint on Preliminary Hearing Papers
    By krystalmaye in forum Criminal Charges
    Replies: 1
    Last Post: 11-04-2010, 08:11 AM
  2. Pretrial Procedure: Preliminary Hearing
    By Rachetlm in forum Criminal Procedure
    Replies: 1
    Last Post: 10-27-2010, 06:30 PM
  3. Pretrial Procedure: Why a Grand Jury for Preliminary Hearing
    By pacmann in forum Criminal Procedure
    Replies: 3
    Last Post: 05-07-2009, 06:32 AM
  4. Plea Bargains: Plea Hearing vs. Preliminary Hearing
    By dmclain in forum Criminal Procedure
    Replies: 1
    Last Post: 07-25-2008, 06:25 AM
  5. Charges Filed Three Months After Arrest; Preliminary Hearing 117 Days Later
    By 12MANYQUESTIONS in forum Drunk and Impaired Driving Charges
    Replies: 1
    Last Post: 10-09-2007, 12:44 AM
 
 
Sponsored Links

Legal Help, Information and Resources