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spanky1923 · Sep 7, 2008, 12:23 AM

Okay hear I go.. The whole reason why all this is happening is a wrote a check for $400 dollars and it bounced. They are taking me to court. So I have to go to my pretrial conference. Then I go to my preliminary hearing. So are they going to tell me if I'm guilty or not. And if they say I am are they going to take me to jail there at that moment? Or are they going to give me a day or time to go to jail?

JimGunther · Sep 7, 2008, 01:22 AM

I was in law enforcement and other aspects of the court system for a long time and can tell you that a preliminary hearing is just that-a preliminary matter in which you are advised of such things and the need to get an attorney, advised of the next court date, etc. You say you had a pre-trial conference which means you are not in jail now so I think it is safe to assume that you will be continued on bond or personal recognizance from the time you were originally charged. Persons who are locked up when charged will have a bond review as part of their preliminary hearing.

You need to contact a lawyer as soon as possible, if you can't afford one you should contact the office of the public defender.

spanky1923 · Sep 7, 2008, 01:26 AM

Yes I am out on bail. And I already have a lawyer... so when would I find out if I have to go to jail? So I don't have to worry about my preliminary hearing?

JimGunther · Sep 7, 2008, 01:57 AM

Except for people who don't get some form of pre-trial release, no one goes to jail for a crime until they are convicted of it, and depending on the circumstances, you probably won't go to jail at all, probably get probation and be required to pay the money back, maybe some community service. If you have a long record or there are other circumstances I don't know about, then you might get jail.

A lawyer should be advising you about all this stuff, don't be afraid to ask him any questions you have about the matter. I would ask him about something called probation before judgement, this allows you to plead guilty and get probation without getting a conviction, they may have it or something like it in your state.