What if the judge decides there is not sufficient evidence at the Preliminary Hearing?
If the judge decides probable cause has not been established, the court then dismisses the case. This means that all legal action has come to an end and the defendant is released. This may also occur if witnesses, such as you, fail to appear to testify in criminal cases. In such cases, the Prosecuting Attorney will decide whether to re-file the case and continue to prosecute.
If the judge decides probable cause has not been established, the court dismisses the case. This means that all legal action has come to an end and the defendant is released. This may also occur if witnesses, such as you, fail to appear to testify in criminal cases. In such cases, the Prosecuting Attorney will decide whether to re-file the case and continue to prosecute.
