Does a preliminary hearing need to take place before the accused can challenge the legal sufficiency of the complaint?
California, United States of America
The following excerpt is from People v. Columbia Research Corp., 103 Cal.App.3d Supp. 33, 163 Cal.Rptr. 455 (Cal. Super. 1980):
Although Wells v. Justice Court, supra, and cases following it, held that no court, either municipal or superior, has jurisdiction until after the preliminary hearing, it would be contrary to Penal Code section 1003 and notions of fairness to require an accused to endure the effort, time and expense of a preliminary hearing before the accused could challenge the legal sufficiency of the complaint against him.
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