What if my preliminary hearing was denied? 3 Answers as of February 29, 2012Police entered my hotel room with a search warrant and found two empty crack baggies that my wife said was hers. After taking my cell phone and almost 200 dollars in cash they locked me up. The court commissioner let me out on my own recog and set a preliminary hearing date 25 days after arrest. when I showed up for hearing they told me it was postponed. 89 days later I received a court date set 3 months from now with no preliminary hearing.
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You are not entitled to a preliminary hearing. In fact, in Montgomery County there are no more than 5 preliminary hearings a year out of the thousands of felony cases. It is nice to have a PH since it is an opportunity to get some discovery but it's no big deal to not have one. Your bigger issue is a speedy trial one.
Answer Applies to: Maryland