QUESTION
Do I go ahead with my prelim even though the state crime lab has not came back with all of the evidence against me yet?
Asked on May 11th, 2013 on Criminal Law - Michigan
4 ANSWERS
Michael J. Breczinski
I would want to see the evidence before the preliminary exam.
Answered on May 16th, 2013 at 8:09 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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This is a question you should be asking your attorney if you have one. If you don't, get one immediately.
Answered on May 15th, 2013 at 7:40 AM
3 Awards
This is a question best for your attorney. If I were your attorney, I would want as much of the lab evidence done before PH as possible. But, sometimes it takes a long time. PH is a good time to try to work out a plea bargain. Some prosecutors threaten not to make another offer if you go to PH. Ultimately, if they prosecutor can get past PH with the evidence they have (most likely), the PH is not very valuable and most information that can be gained there can be gained at a motions hearing. Each case is different and depends on the judge, the offer and the evidence.
Answered on May 14th, 2013 at 9:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I do not understand your question, but if the preliminary exam goes for without the prosecution having all of its evidence in order, it is to your favor. I would engage in attorney immediately to determine whether or not you can gain some advantage from this situation.
Answered on May 14th, 2013 at 9:24 PM