Popsquire

Chris Brown’s preliminary hearing is scheduled to begin Monday at 1:45 pm in downtown LA, and Popsquire will be reporting from the courthouse with live updates.  Until then, read below for the FAQs:

[Bauer Griffin]

What is a preliminary hearing?

It’s a formal court hearing where the judge determines if there is probable cause to hold the defendant to answer for trial.  Think of it like a mini-trial when prosecutors present witness testimony establishing a crime was committed and how the defendant is responsible.  The standard of proof is low; it does not require proof beyond a reasonable doubt.

Who will testify?

Any witnesses that the prosecution deems necessary to meet their burden of proof may be present to testify.  In this case, Rihanna’s attorney confirmed recently that the singer will testify.  Other possible witnesses include police officers and forensic experts, and the prosecution may present physical evidence, including photographs and blood samples.

How can Brown’s attorney use this hearing to his advantage?

This is the defense attorney’s opportunity to determine how strong the case is against his client.  He will be examining whether the witnesses are credible and whether the investigation was conducted properly, among other things.  He also can test out the defense theory by cross examining witnesses and, in some cases, by calling defense witnesses to the stand.

What are Brown’s charges?

He was charged with two felonies: assault and criminal threats.  The details are below.

Penal Code 245 (a)(1): This is assault involving either a “deadly weapon” or force by means “likely to produce great bodily injury.”  This can result in a strike for purposes of California’s three strikes laws if a deadly weapon is involved.

Penal Code 422: This is the “criminal threats” charge, which applies when a person “willfully threatens to commit a crime which will result in death or great bodily injury to another person.”  This can result in a strike for purposes of California’s three strikes law.

For a reminder about the events that led up to this point, click here.

UPDATE: Chris Brown entered a plea bargain.  Although he avoids jail time, he will serve five years probation, must perform 180 days of hard labor, attend counseling, and stay away from Rihanna, at least temporarily.

Click here to read the full story from today’s hearing.

Click here for Popsquire’s live updates from inside the courtroom.

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This entry was posted on Sunday, June 21st, 2009 at 9:34 pm and is filed under chris brown. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.