Friona, TX Criminal Defense Law Firms & Lawyers

If the interrogation was done in violation of the rights of your friend the statements she made may be suppressed and not used against her. It is not unusual for questions to be asked about a crime and the answer to your question depends on facts we do not have.

Criminal proceedings have different stages. The first appearance is likely one where you will advised of the charged against you and bail will be set. The next appearance, depending on your jurisdiction and assuming you are charged with a felony but weren't indicted by the grand jury, may be one at which a preliminary hearing is held. This is a hearing at which the state must establish probable cause, which roughly means "reason to believe," that a crime was committed and you committed it. At the end of the hearing, if the judge finds probably cause, you will be bound over, usually to a different court, where the more important hearings and the trial are held. Following the preliminary hearing, you may be scheduled for "an arraignment" where you plead not guilty. Then the discovery process begins in earnest. Based on your attorney's review of the discovery, he or she will file several motions attacking possible defects in the state's case. Perhaps there was an invalid arrest, or search, or you were questioned without validly waiving your Miranda rights. These motions are typically motions to suppress evidence. If the judge rules in your favor, the evidence will be excluded from your trial. The Court sets a deadline for the filing of pre-trial motions, and a date by which the State must respond. Once the parties have filed their motions and briefs on the various issues in the case, the matter is ripe for a hearing. It sounds like your boyfriend is being told to appear in court because either his or the state's pre-trial motions are now ready for a hearing at which evidence and testimony may be presented. The appearance may be limited to setting the motions hearing for a date in the future. Defendants on bond are required to be in court for every court hearing, unless previously excused by the judge. Since the rules vary form state to state (for example some states conduct arraignments at the first or second appearance), it would be a good idea for your boyfriend to call his lawyer and find out if his presence is necessary, and if not, to ask his lawyer if the judge will entertain a motion to excuse his appearance at the hearing if no substantive issues are on the agenda.