Can Bryan Kohberger plead guilty before the preliminary hearing? Here's what the law says
This article is based on sources and MEAWW cannot verify this information independently.
MOSCOW, IDAHO: The preliminary hearing of Bryan Kohberger, the criminology student charged with the murders of four University of Idaho students Ethan Chapin, 20, Xana Kernodle, 20, Madison Mogen, 21, and Kaylee Goncalves, 21, has been set for June 26. However, netizens have been asking, “Can a defendant plead guilty before the prelim hearing?"
A Reddit user asked, "Let's say a defendant is in fact guilty. If he reads the documents from the state and decides they have enough for a "slam dunk" conviction, could he ask to plead guilty ahead of the June hearing?" Another replied, "He can't plead until after probable cause that he committed the crime charged is established, which is at the preliminary hearing. If it is established, then there is an arraignment where he must plead to the charges. If probable cause is not established then the charges will be dismissed and there is nothing to plead to." Kohberger, who graduated from DeSales University in Pennsylvania in May 2022 with a master of arts in criminal justice and is a PhD student in the Department of Criminal Justice and Criminology at Washington State University, was arrested by the FBI and Pennsylvania State Police on December 30, 2022. He has reportedly been arraigned by a Monroe County judge and ordered to be held without bail. He faces four counts of first-degree murder for the brutal quadruple murders.
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At a status hearing on January 12, Kohberger waived his right to a speedy preliminary hearing and a Latah County judge set a date of June 26 for that hearing. He also reserved the entire week to present evidence, per King5.
What is preliminary hearing?
There are several stages of a criminal case, and preliminary hearing is the fourth step after arrest, bail and arraignment. According to Shouse California Law Group, during the preliminary hearing, the prosecutor presents evidence. It can can be witnesses, documents or physical evidence that the defendant committed the crimes they have been charged with. The goal of this hearing is for the judge to see if there is enough evidence presented to indict the defendant.
Can a defendant plead guilty before preliminary hearing?
According to Offices of the United States Attorneys, "A defendant may only plead guilty if they actually committed the crime and admits to doing so in open court before the judge. When the defendant admits to the crime, they agree they are guilty and they agree that they may be “sentenced” by the judge presiding over the court," per Justice.gov.
What happens when a defendent pleads guilty?
According to HG.org, "When a criminal defendant pleads guilty, he or she is confronting the case face-on." This means that he or she will be able to resolve the case more quickly than if he or she waited a year or more for a criminal trial. The website also stated that if a criminal defendant pleads guilty when represented by legal counsel, they do it through the process of plea bargaining. This involves the criminal defense lawyer and the prosecutor agreeing on an agreement as to the sentence that the defendant should receive. In exchange for pleading guilty, the defendant may less sentence or the charges may get reduced.
This article contains remarks made on the Internet by individual people and organizations. MEAWW cannot confirm them independently and does not support claims or opinions being made online.