I went to my preliminary hearing, and I can't say it's a success because my case wasn't thrown out, but I got a deal I might be forced to take.
If you don't know what a preliminary is, it's where the prosecutor must convince a Grand Jury or judge that there's enough evidence to go through with a trial, and any plea bargains are given. Strangely enough, in the state of michigan, there's no Grand Jury, just a judge, even though the Fifth Amendment states: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." So doesn't that mean Michgan's courts are violating the Fifth Amendment?
Anyway, I heard that the victim was going to testify, and most likely on my behalf. She was sitting on the other side of the court room from me. But when she found out her mother was going to be there, she started to cry and get really emotional. She eventually left and my attorney told me she was talking to the prosecution.
So, we waived the preliminary. Waiving means that the case automatically goes to trial, and it's a decision only the defendant (me) can make. Normally, one waives if they feel whatever evidence will be presented will be damaging to their defense, or they're given a good plea bargain. I was afraid that, with the victim being so emotional and unstable, and having talked to the prosecutor, that she'd say something damaging towards me. By waiving, I was given the bargain of pleading guilty to one charge and getting no more than 12 months in jail.
Afterwards, the victim came to me (even though I was supposed to stay away from her), apologized, and said her mother scared her and that she hated her.
See, I don't know if I mentioned this, but the victim's parents are devorced. She lives with the father. The mother's the complaintant, the one pressing the case and working with the prosecution. The father is good friends with my family, and my family hates the mother for various reasons, one of them was once when she babysat me as a toddler, she hit and abused me to the point of giving me a black eye.
I think this is some kind of deranged custody and family feud going on here.. I know the mother wants the children for herself, she's an alcoholic, she never works, and she owes the father $30000 in child support. She even has a warrant for her lack of paying child support.
The daughter wants this case thrown out... but I doubt she can do this because she's under 18, her mother's a bitch, and the system's screwed. So I might have to take the plea rather than go to trial and face prison time.
