Justice System, Police, Courts Criminal

[lostlouisianagirl]

Jurisdiction

Louisiana

Ok I have a bother that is being held in prison but has not been charged yet. The Parish is trying to charge him with 1st Degree Murder he has been held since mid August and apparently the prosecution went to the Grand Jury on October 11, 2018 we have yet to hear any decision from them and now I have just been informed that there will be a preliminary hearing on Thursday of this week. This is all new to me and my family and we are all just a little lost we don't know what should be going on or what to expect. Does this mean that they have not actually charged him? Also is it standard for the police and prosecutors to give the victims family so much information that is unknown to the public? Please shine some light on this for me because I am truly lost.

Sincerely,
Lostlouisianagirl

 

[zddoodah]

Does this mean that they have not actually charged him?

If a preliminary hearing has been scheduled, then charges have been filed or the grand jury voted to indict.

is it standard for the police and prosecutors to give the victims family so much information that is unknown to the public?

This is a really abstract question, and whether or not something is "standard" isn't of any real importance to anything.

Please shine some light on this for me because I am truly lost.

You can try talking with your brother's defense attorney, but he/she is under no obligation to talk with you about the case, so you might not get much or any info. You can also go to the court clerk's office and ask to view the case file. It should be public record, although with a hearing scheduled later this week, the file may not be available.

 

[army judge]

Does this mean that they have not actually charged him?

If a person is held more than 48-72 hours in a jail (you call them "parish prisons" in LA), the person is charged with something.

is it standard for the police and prosecutors to give the victims family so much information that is unknown to the public?

The victim's family gets sympathy from the prosecutor, but very little information MORE than the press or the public receive.

I have been a prosecutor, and know of what I speak.

I suggest you don't allow your relative to discuss any aspect of the case or charges with you or other family members.

If you want to know more, you can read the court documents, which are often found on the court's website.

You can also read the written press accounts surrounding the case, listen to various TV and radio news broadcasts, or speak to your relative's lawyer; if the lawyer chooses to speak with you.

 

[lostlouisianagirl]

So the preliminary hearing this week will still determine if the prosecutor has enough evidence to move forward? I mean I don't have a lot of faith in the Grand Jury if the lawyer is good enough he/she could have a ham sandwich indicted.

 

[army judge]

the preliminary hearing this week will still determine if the prosecutor has enough evidence to move forward?

That would be one guess.

When you attend, you'll know much more.

A LA lawyer breaks down "prelims":

Louisiana Criminal Court Process After Arrest

The LA Public defender's Office published an informative article on "prelims", read all about it:

http://lpdb.la.gov/Serving The Public/Programs/txtfiles/pdf/Preliminary Hearing Project.pdf

LSU Law review article of "prelims":

https://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=4097&context=lalrev

 

[zddoodah]

if the lawyer is good enough he/she could have a ham sandwich indicted.

Sorry, but that's just a silly, ignorant statement.

So the preliminary hearing this week will still determine if the prosecutor has enough evidence to move forward?

I don't know. I suggest calling your brother's lawyer and asking.