What is a Preliminary Hearing?
If your case is a felony charge, meaning that the potential jail sentence is greater than one year, then the next court hearing after the arraignment is a preliminary hearing. The purpose of this hearing is for the Commonwealth to convince the judge that there exists probable cause to believe that a crime has been committed and probable cause to believe that you committed it. If the judge does not find probable cause, your case may be dismissed at this stage, without the need for a trial. If the judge determines that probable cause does exist, he will certify the case up to the Circuit Court, which is the highest level trial court in Virginia, and you will be entitled to a trial by a jury of twelve people.
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 t
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 e
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.
It is a scheduled courtroom event with testimony under oath, where the judge, the defendant, the defendant’s attorney, the prosecutor from the District Attorney’s Office and any victim or witness subpoenaed is present. The purpose of the hearing is to establish that a crime has been committed and that the defendant committed it. The prosecutor has the burden of proof. If probable cause is shown, The judge will rule that the defendant shall go to trial in District Court.
