San Diego DUI Lawyers Blog
Lakeside resident, Kathleen Lucinda Sloan, 20, had a preliminary hearing in El Cajon Court on February 9th, according to 10news.com. She is accused of being under the influence of an over-the-counter medication, driving, and then crashing head-on into another motorist in Alpine on November 1st, 2010. Sergio Chan Mora, 54, of National City, was killed in the crash.
El Cajon Judge William McGrath ordered Sloan to stand trial on second degree murder and other charges on March 28th. She faces 15 years to life in prison if convicted of second degree murder.
Preliminary hearings pertain to felony cases. It is usually held within 10 days of the arraignment or when the defendant enters a plea, whichever is later. At the hearing, the prosecutor must present sufficient evidence that there is probable cause to believe a crime has been committed and this defendant comitted it.
If probable cause is shown, the judge will hold the defendant to answer in the trial court. The prosecutor then has 15 days to file the information with the trial court and within 60 days the trial will begin unless time is waived.
If the judge finds that there is not sufficient evidence, the case is dismissed. The prosecutor may refile the case as long as there has not been two dismissals unless an exception under Penal Code Section 1387 applies.
If you have been charged with felony drunk driving, you have the right to an attorney at your preliminary hearing. Do not delay; contact The Law Offices of Susan L. Hartman today at 619-260-1122 or use the “Contact Us” form on this page to schedule your free, initial consultation and we will explain all of your rights and legal options.