The point Professor Winkler makes, however, is that Florida law also allows for a pretrial hearing before a judge to quash the case based on a preponderance of evidence showing that the killing was justified.
Here's another link, which attributes the right to a hearing to Florida Supreme Court guidance
:
According to Florida Supreme Court guidance, the “Stand Your Ground” law gives defendants a substantive right to avoid being subjected to a trial. Therefore, Zimmerman would receive a special pretrial hearing to determine if “Stand Your Ground” applies to his case.At this hearing, a judge, not a jury, would review the evidence in the case. And as long as Zimmerman proves by a preponderance of the evidence that law applies, the judge would dismiss the charges and immunize him from prosecution. This makes a conviction of Zimmerman on any offense arising out of the Martin incident even more unlikely.
So basically he could then have a Judge dismiss the charges....(let’s hope he’s not going to be moved by the President)...but how would that protect him from civil charges or taking it over the Judges head altogether?