What is a Preliminary Hearing?
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.
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.
A preliminary hearing takes the form of a mini-trial in which testimony is taken under oath. The judge, defendant, defendant’s attorney, prosecutor and any victims or witnesses subpoenaed are present. At the preliminary hearing the D.A.’s Office has to establish: 1) that a felony has been committed in Tompkins County, and 2) probable cause exists to believe that the defendant committed the felony. During this usually brief proceeding, the defendant’s attorney may cross examine the state’s witnesses and produce any evidence he or she wishes. In some cases, the defendant may waive the preliminary hearing and the case will be sent directly to Grand Jury. What is the Grand Jury’s Role? In order to get an indictment for a felony charge(e.g. rape or certain other sex crimes), evidence must be presented to the Grand Jury which consists of 16-23 citizens. The ADA must establish that there is reasonable cause to believe that the defendant committed the crime charged. The ADA calls witnesses to
At the preliminary hearing, the judge will be presented with the basis of the prosecution’s case, and he or she must make a determination as to whether there is sufficient evidence to force a defendant to stand trial. In making this decision, the judge will evaluate the evidence using a “probable cause” standard. “Probable cause” is generally considered to be “a reasonable belief that a crime had been committed.” If the court should find that there is no probable cause, the case against the defendant will be dismissed.
