How do I get a copy of my preliminary hearing “court recording” ? Can I have these charges lessened , expunged or sealed?: I was accused, arrested and convicted of Simple Battery, “Habitual offender” In the Court room at the Bond hearing my Ex-Husband told the judge as well as my witnesses that I didn’t hit him. They were then told that since I was arrested as a habitual offender for simple battery that it was to late to withdraw the charge.
Also charged with “Possession of a controlled substance with the intent to distribute” Name and quantity of controlled substance is not listed on the record I have obtained from my local Police Department.”
Andrew’s answer: “Convictions do not take place at the preliminary hearing level. The process, simply described, is you are arrested, a judge may consider whether there is probable cause supporting the warrant at a preliminary hearing, if so, the case will move to the prosecutor’s office, who then will formally file an accusation or pursue an indictment with your county’s grand jury, which is your notice the charges will not be dropped and the State is seeking a condition, after this point you may be convicted at trial or enter a plea of guilty or no contest to the charges in court.”
