California Preliminary Hearings Deny Use Of Officer History

By: Wallin & Klarich

Defense Hands are Further Tied By New Court Holding, Requiring More Experienced Criminal Defense Attorneys to Handle Cases Properly

The court has found more ways to limit a defendant’s ability to fight his or her California felony case at the Preliminary Hearing. A Preliminary Hearing is a hearing where the prosecutor needs to show the court that there is probable cause to hold the defendant to answer for the crimes he or she is being accused of. Known as Pitchess discovery, the Defense may be entitled to personnel records of officers for use at trial, mainly for impeachment purposes.

Wouldn’t you want to know if the officer who is accusing you of a crime had in fact been accused of wrongdoing himself? Seems pretty relevant, correct? Well, earlier this year a California Appellate Court deemed that the Defense may not seek such discovery for use in a preliminary hearing. It appears that every day, the court and legislature are making it harder for a Defendant to get a fair trial in the criminal justice system.

This is why if you or a loved one is being accused of a crime it is incredibly important to choose the right attorney and the best law firm to represent you. Wallin & Klarich criminal defense attorneys in California know what it takes to defend their clients in felony cases. You can speak to one of our attorneys by calling now at 877-466-5245, or you may go to our website at for more information about setting up an appointment.

Posted In: Felony Offenses