What is a Preliminary Hearing?

The preliminary hearing is not a trial. It is a hearing in court at which witnesses testify and the judge decides if there is enough evidence to require the defendant to stand trial. The jury is not present; the judge alone makes the decision. more

If you were charged with a felony, one of your next court appearances will most likely be a preliminary hearing. A preliminary hearing must be held within ten days of your arraignment date if you are in custody. In some courts, there may be a conference scheduled prior to the preliminary hearing. This conference is a chance for the District Attorney, your attorney and the judge to discuss possible resolution of your case. The preliminary hearing is the first real opportunity for your attorney to refute the government's evidence against you. At the preliminary hearing, "hearsay" (out of court statements) are commonly admissible. Therefore, the alleged victim may not take the stand; rather, the police officer that took the report may take the stand and testify for and in place of the victim. At the preliminary hearing, the judge will determine whether or not there is probable (reasonable) cause to believe that a crime has been committed and if so, whether or not the defendant committed ... more

If you are arrested for a felony in California, the question that is probably going through your head is, “Now what happens to me?” Unless you make bail, you will remain in custody throughout your court case. Your first court appearance is the arraignment. (See this post for more information on the arraignment.) After that, most felony cases proceed to preliminary hearing. In a felony case, there is a crucial stage between the arrest & arraignment and the trial. Before proceeding to trial, you must be either indicted by the grand jury or be held for trial after a preliminary hearing. These are designed to be safeguards for you - to weed out cases and charges that should not go forward. The preliminary hearing is essentially a “preview” of the evidence put on by the prosecution. They must convince the judge at the preliminary hearing that enough evidence exists to warrant holding you for trial. They must show sufficient evidence of each and every charge - and each and every element of ... more

A preliminary hearing is a court proceeding where the Crown prosecutor must present enough evidence in your case to convince a judge that, based on such evidence, a judge could find you guilty. The defence lawyer will have an opportunity to cross-examine witnesses on their evidence and argue to the judge after the Crown attorney has presented evidence, that there is not enough evidence to lead to a possible finding of guilt. If the prosecutor cannot satisfy the judge of that, the case will be dismissed. In most cases the crown satisfies the judge that there is enough evidence for a trial and trial date will be set. more

The preliminary hearing is a proceeding to determine if the Commonwealth has sufficient evidence to proceed with criminal charges. A jury is not present and the preliminary hearing is conducted in front of a District Magisterial Judge. more

This court procedure is the first step in a criminal case. A preliminary hearing is the right of the person charged with the crime. It is their chance to hear the evidence that the state has against them. A judge also decides if there is enough probable cause to charge defendant with the crime they are accused of committing. more

[TOP] The preliminary hearing is not a trial. It is a hearing in court at which witnesses testify and the judge decides if there is enough evidence to require the defendant to stand trial. The jury is not present; the judge alone makes the decision.

Within some criminal justice systems, a preliminary hearing (evidentiary hearing, often abbreviated verbally as a "prelim") is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether, and to what extent, criminal charges and civil cause of actions will be heard (by a court), what evidence will be admitted, and what else must be done (before a case can proceed). At such a hearing, the defendant may be assisted by counsel, indeed in many jurisdictions there is a right to counsel at the preliminary hearing. In the U.S., since it represents the initiation of "adversarial judicial proceedings", the indigent suspect's right to appointed counsel attaches at this point.

A. In Virginia, there are two types of criminal charges, misdemeanors and felonies. Felonies are more serious in nature and carry a higher penalty in terms of greater fines or longer imprisonment. Defendants charged with felonies have a right to a preliminary hearing where the prosecutor must prove to the court that there is enough evidence to show that a crime has been committed (known as "probable cause") and that the defendant is the person who most likely committed that crime. A preliminary hearing is a scheduled court date, similar to the trial; the judge, defendant, defendants attorney, prosecutor, and all subpoenaed victim(s) and witness(es) are present. However, the prosecutor will put on only enough evidence to justify further proceedings against the defendant. If the prosecutor establishes probable cause, the case is certified to the next Grand Jury and the case is set for trial at a later date. For more information on the criminal justice process, see CRIMINAL JUSTICE 101.

A preliminary hearing is a hearing in front of a Magistrate to determine if there is enough evidence that you might be guilty. It is not your trial. You will not be given the opportunity to speak nor to present witnesses. Your attorney will have the opportunity to question the witness from the government, to challenge the idea that there is even probable cause to believe you were involved in the crime. If the Magistrate does not believe probable cause exists, the charge could be dismissed at the preliminary hearing. more