I'll try to explain how this works. Both of these guys presently have Preliminary Hearings scheduled. Sanchez's hearing is on April 14 and Montano's hearing is on March 31. There is more than a 99% chance that a Preliminary Hearing will not actually be held as to either Defendant. That's just the general practice. What will happen is that they will either be indicted prior to their Preliminary Hearings (highly likely) or the felony charges will be dropped and they will either be recharged with misdemeanors or the case will be dropped completely at the Preliminary Hearing (highly unlikely, but possible). The standard to get a grand jury indictment is very low. The state need only prove probable cause. If they are indicted, the case will be forwarded to Circuit Court.
Once the attorneys enter their appearances in Circuit Court, there will be a Scheduling Hearing, at which the court may set a Pre-Trial Hearing, a Motions Hearing, and a trial date. Other than a Motion for Grand Jury Testimony, the main type of Motion filed in cases such as this is the Motion for Suppression of Evidence. Such a Motion is generally used to keep the Defendant's statements, illegal searches, and seizures, and the fruits of any illegal searches out of evidence. I have not yet heard anything about any statements that the Defendants have made or about any searches. There may have been some D.N.A. evidence collected from the Defendants. The Defendant can always withdraw a previously filed Motion to Suppress if, during the discovery process, it is clear that there are no suppression issues. Plea offers may or may not be made at the Pre-Trial and/or Motions hearing. That depends on a number of factors, such as whether the main prosecutor handling the case is present at those hearings, how strong the state believes the evidence is, etc.
While the case is pending in Circuit Court, multiple prosecutors and probably one or more victim/witness coordinators will be interviewing and meeting with the alleged victim and other state witnesses. If the witness is uncooperative or for some reason, not credible, that can greatly affect the case going forward. The state can even choose to drop the case well in advance of the trial date. I've seen it happen. Many times. I'm not saying that it will definitely happen here, but it may.
Once the attorneys enter their appearances in Circuit Court, there will be a Scheduling Hearing, at which the court may set a Pre-Trial Hearing, a Motions Hearing, and a trial date. Other than a Motion for Grand Jury Testimony, the main type of Motion filed in cases such as this is the Motion for Suppression of Evidence. Such a Motion is generally used to keep the Defendant's statements, illegal searches, and seizures, and the fruits of any illegal searches out of evidence. I have not yet heard anything about any statements that the Defendants have made or about any searches. There may have been some D.N.A. evidence collected from the Defendants. The Defendant can always withdraw a previously filed Motion to Suppress if, during the discovery process, it is clear that there are no suppression issues. Plea offers may or may not be made at the Pre-Trial and/or Motions hearing. That depends on a number of factors, such as whether the main prosecutor handling the case is present at those hearings, how strong the state believes the evidence is, etc.
While the case is pending in Circuit Court, multiple prosecutors and probably one or more victim/witness coordinators will be interviewing and meeting with the alleged victim and other state witnesses. If the witness is uncooperative or for some reason, not credible, that can greatly affect the case going forward. The state can even choose to drop the case well in advance of the trial date. I've seen it happen. Many times. I'm not saying that it will definitely happen here, but it may.