A local Lake City resident has been charged with aggravated assault and homicide by vehicle while driving under the influence (DUI) of alcohol. The charges are resulting from an accident on Presque Isle last June in which one person, a 17-year-old passenger, was killed when the vehicle struck a tree. The car was estimated to be traveling up to 81 mph in the 25mph zone. The driver of that car was found to have a blood alcohol level above the legal limit after the crash, and he’s still bound to a wheelchair from injuries sustained during his accident. Now, that man is going directly to trial after he waived his rights to a preliminary hearing yesterday.
What Is A Preliminary Hearing?
A preliminary hearing is a forum for the prosecution to present evidence against the accused to a judge. The judge then determines, based on the evidence, whether or not the accused must stand trial. If there is insufficient evidence, the judge must dismiss the charges.
Why would anyone waive their rights to a preliminary hearing?
There are several instances when it makes sense to waive the preliminary hearing. If the evidence is overwhelmingly against the defendant, a preliminary hearing may be waived in order to expedite the case to trial. This might be a situation whereby the case received a good amount of local press and the defendant’s attorney would like to mitigate the release of information. Another situation that may lead to waiving a preliminary hearing is if certain witnesses are not going to be available at the time of trial, but are available for the preliminary hearing, their testimony can be used later. If the preliminary hearing is waived, that testimony is not available. One other tactic that involves waiving your preliminary hearing would be if the defense attorney wanted to stall. By waiving the preliminary hearing, and moving for a multitude of continuances, witnesses can forget details.
Consult an Experienced PA Criminal Defense Attorney About Your Situation – Free
As Pennsylvania Criminal Defense attorneys, we talk to a lot of people who have a lot of questions after being arrested or charged with a DUI. Will I lose my license? Am I going to jail? We know that what you’re going through right now isn’t the most important thing in your life, it’s the ONLY thing. We take these situations very serious because they are very serious for your future and your freedom. We know how to counter the tactics employed by the Prosecutor. We also know how to contest the evidence against you to build a stronger case for you and to protect your constitutional rights. We can discuss all of these matters and other details during your free, confidential legal consultation. There is no obligation to hire The Travis Law Firm to defend your DUI or criminal charges, so make an informed decision about your legal rights by contacting us today.