Will the alleged victim testify?

Maybe, maybe not. Roll the dice.

Supposedly, you have a right to cross-examine witnesses. But what witnesses? 

Once upon a time that meant the alleged victim and other people who were there. People who saw what happened. Witnesses.

But recently, the courts have changed the rules of the game. Now they say that you can't ask witnesses questions anymore. Not as a matter of course.

It's basically up to the DA. If they call the witness, fine. Have at it. But if they decide to let the police testify for him/her--and yes, the judges let them do that--then it's a no-go.

In this crazy new world we're living in, the preliminary hearing isn't much of a hearing at all anymore. It has become the hearing that wasn't.

They might as well just read the affidavit into the record. It's coming to that.

Is it fair? No. But it's real.


It has become the hearing that wasn't.

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