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8 Crim. Just. J. 195 (1985-1986)
Preliminary Hearings in a Truckload

handle is hein.journals/tjeflr8 and id is 205 raw text is: PRELIMINARY HEARINGS IN A TRUCKLOAD by John R. Van Dam INTRODUCTION I. DEFINITION AND PURPOSES OF PRELIMI- NARY HEARING ................................. 211 II. POWERS OF THE MAGISTRATE ................ 212 A. Magistrate Does Not Have Power ............... 212 B. A Magistrate Does Have Power ................. 213 C. A Magistrate has Power to Dismiss ............. 213 D. Importance of Power to Dismiss (Two Dismissal Rule-Penal Code Section 1387) ................ 214 E. Penal Code Section 1387-Termination as Bar... 214 III. PROCEDURAL ISSUES ........................... 215 A. The Complaint ................................. 215 B. Arraignment of Defendant ...................... 216 C. Plea to a Felony ................................ 217 D. Waiver of the Preliminary Hearing .............. 219 E. Setting the Time for the Preliminary Hearing .... 221 F. Severance of Felony and Misdemeanor .......... 221 G. Reduction of Felony to a Misdemeanor ......... 222 IV. ISSUES AT PRELIMINARY HEARING .......... 224 A. Exclusion of Witnesses .......................... 224 B. Exclusion of the Public ......................... 225 C. Exclusion of Witnesses/Public in Sex Cases ...... 226 1. Moral Support for the Prosecuting Witness . 226 * A preliminary hearing is counsel's first judicial bid at either blocking the prosecu- tion of his client, or beginning a long battle with the courts. If the offense gets off to a solid aggressive start, the chances of success are greatly enhanced. Having represented clients for over 13 years in preliminary hearing and calendar courts, the writer has collected hundreds of thoughts and ideas from his own cases, memoranda by other associates, suggestions from private counsel, judges and district attorneys, as well as the writings of famous authors such as Bernard Witkin and Judge Walter L. Gorelick, Tulare Municipal Court, whose scholarly and exhaustive outlines on preliminary hearings stimulated the writer's desire to draft this manual as a basis for training sessions in his office. My thanks and recognition to all of the above associates and authorities as well as my law clerk, Darlene Allen, a third-year law student from Western State University College of Law, who watched me tear up so many pages of work before we completed this final draft.

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