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Under Utah law, a defendant can seek the preliminary hearing and the state has to present evidence that an offence has taken place and that the plaintiff caused it.
Subpoenas are issued and witnesses are called for the hearing, and both sides can question them.
UPDATED with more info from court hearing: Almost six months after he allegedly attacked and choked the female VP of Paramount Digital during a Sundance Film Festival party, Emile Hirsch was back in court this morning in Park City to talk a potential plea to ward off years behind bars.
Off a stint in rehab that came out of the early-morning incident on January 25, a suit-wearing Hirsch faced Judge Paige Peterson in the latest hearing on charges of aggravated assault and intoxication.
The preliminary hearing will likely last a couple of hours, sources say.Attending Sundance this year for the debut of the pic , an apparently drunken Hirsch went on a AM rant at TAO nightclub against executive Dani Bernfeld.According to charging documents, Hirsch went away, came back, and then came up behind Bernfeld and “put her in a chokehold.” The actor then threw the exec over a table, got on top of her with his hands around her neck and caused Bernfeld to have “blacked out” before witnesses pulled him off.He also is required to participate in an aftercare treatment program.Additionally, a payment of restitution will be going to Bernfeld, with the matter and amount to be determined in civil court. A., Hirsch was back in Park City today again to face justice.
The third-degree felony charge not only calls for sentencing of up to 5 years behind bars but a $5,000 fine under Utah law.