Section 6.26 Value of Preliminary Hearings—Trial Preparation—Plea Bargaining

• Library: Criminal Practice 2012 Supp

C. (§6.26) Value of Preliminary Hearings—Trial Preparation—Plea Bargaining

Preliminary hearings and the negotiations surrounding them may be the most useful procedure in the entire Missouri criminal practice. Strengths and weaknesses of the case that may contribute to effective trial preparation or plea negotiations can be discovered in a preliminary hearing. The hearing conducted in the presence of the defendant reveals to defense counsel (as well as to the accused) the evidence that the prosecution has. Not to be discounted in the benefits of a preliminary hearing, and any concurrent pretrial discovery, including depositions of witnesses, is the impact that the evidence and the process have on the defendant’s understanding of the case, the defendant’s rights, and the consequences of the defendant’s decisions. Client rapport and willingness to heed the advice of counsel is enhanced when the client understands the process, hears and sees the witnesses and evidence firsthand, and observes the assistance that counsel is able and willing to provide. If the evidence is found to be sufficient to overcome the presumption of innocence and burden of proof (albeit only a probable cause standard), defendants, having had in some measure a “day in court”...