List and explain three reasons why a defense attorney would want to have a preliminary hearing

Question

What will be an ideal response?

Answer 1

First, a defense attorney may use the preliminary hearing to elicit "client control.". This is a way for the defense attorney to send a message to the client that the charges are serious, there is evidence, and "you better start cooperating with me.". Second, the preliminary hearing may be used to help bring the defense attorney "up to speed.". The preliminary hearing provides an overview of the case against the defendant and provides an opportunity for discovery of some of the evidence against the defendant. In some jurisdictions (i.e., those with limited discovery) this may be the first real opportunity that the defense attorney has to look at the evidence. This process is important because witnesses, including police officers, do not have to talk to defense counsel as he or she prepares for trial; the preliminary hearing may be the only time before trial to hear what witnesses have to say. Third, it is possible that charges may get dropped at this stage. A defense attorney may, for example, uncover weaknesses in the state's case that would justify having some (or all) charges against the defendant dropped. Fourth, the preliminary hearing may help the defense attorney prepare a defense strategy. A defense attorney may, for example, use the preliminary hearing to lock down the testimony of key witnesses and determine inconsistencies in the prosecutor's case. Since accusers go under oath to testify against the defendant, this locks then into their version of the events.