In California, they don't use the grand jury like Texas. In California, when a person is arrested on felony charges they have a preliminary hearing in municipal court where the DA presents an abbreviated case in front of a judge to determine if there is probable cause that a felony was committed and that the defendent committed it.seamusTX wrote:The defendant was found guilty on all counts today (Wednesday).57Coastie wrote:But more importantly, none of this does away with the presumption of innocence.
I haven't seen a verdict,...
I can't say whether he was indicted by a grand jury. I know almost nothing about California law, but I would think charges of three of the most serious crimes on the books would go before a grand jury.
The presumption of innocence means that the state must prove its case without begging the question (i.e., "if you weren't guilty you wouldn't be on trial").
However, commentators such as ourselves who have no influence on the case can draw our own conclusions.
- Jim
During the preliminary hearing the DA presents just enough evidence to convince the judge to decide whether or not to bind the defendant to a trial in the Superior Court. The DA can present evidence and witnesses and the defense attorney can cross examine. I don't know the percentages, but most all of the defendants are bound to the superior court after the prelim.
Oh, I forgot. IANAL.
