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Can You Do Your Job Too Well At A Preliminary Hearing?
Is it possible to do too good of a job at a preliminary hearing?
Maybe. Although it is nice to show the prosecutor that he has a weak
case, it is possible to convince the Magistrate judge to dismiss the
case only to have the prosecutor present the case to the Grand Jury
for indictment.
If this happens in a jurisdiction that allows preliminary hearings
for those out on bond (very rare), once the case is indicted, your
client will have to post a new bond. The trick is to show the
prosecutor the weaknesses in his case, then do a follow-up with the
prosecutor to try to get him to either dismiss the case or prosecute
a lesser offense.
Of course, if your client is in jail unable to make bond, it is
virtually impossible to do too good of a job. If possible, get the
case dismissed so your client can be released.
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