It took our local magistrate court almost five months to conduct a preliminary hearing. This means that this man has been in jeopardy of his future for a long, long time due to a screwup in which the preliminary hearing was conducted almost five (5) months after the due process date.
His public defender attorney apparently can't read a calendar and see that his civil rights have been violated by such a dilitary process. When the mag court finally got around to giving him his ten day preliminary hearing there was no apology extended to him and his attorney didn't care enough to raise the issue with a motion in mag court. Whether she was dumb or just lazy we have yet to figure this out.
The magistrate found that there was probable cause to believe that a crime had been committed several months before and well after the due process date and the case was bound over to the grand jury.
In Dec. a grand jury will determine if thee is cause to make him stand trial. It will be a railroad job because no one cares about this poor man's rights, not even his own attorney.
Why wasn't the case dismissed? Why didn't his attorney file a motion to dismiss? Is it fair to arrest a man and then let him wallow in legal jeopardy for months???
Yes, our magistrate court has screwed up big time!
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