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Motion for Adversary Preliminary Hearing

Motion for Adversary Preliminary Hearing

150 150 Cohen, Bradshaw, Rothstein & Klein

DEFENDANT, by and through her undersigned attorney and pursuant to Rule 3.133(b), Washington DC Rules of Criminal Procedure, hereby moves this Honorable Court for an Adversary Preliminary Hearing  in the above-captioned cause.  As grounds therefor, Defendant states as follows:

  1. On March 15, 2013, Defendant was arrested by an agent of the Washington DC Sheriff’s Office and booked in the Palm Beach County Pretrial Detention Facility on the charge of dealing in stolen property.
  2. Defendant has not been charged by Information or Indictment within twenty-one (21) days from the date of Defendant’s arrest or service of capias upon Defendant.
  3. Rule 3.133(b), Washington DC Rules of Criminal Procedure, provides that an accused who is not charged in an information or indictment within 21 days from the date of arrest or service of a capias shall have a right to adversary preliminary hearing on any felony charge then pending against her.  Said rule further provides that the subsequent filing of an information or indictment shall not eliminate a defendant’s entitlement to such a proceeding.

WHEREFORE, Defendant respectfully that this Honorable Court schedule and conduct an adversary preliminary hearing in the above-captioned cause.