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What is a Preliminary Hearing and How it Works in Phoenix Courts
|Last Updated on: 5th October 2023, 07:37 am
What is a Preliminary Hearing and How it Works in Phoenix Courts
A preliminary hearing is an important early step in the criminal court process in Phoenix, Arizona. It’s a hearing that happens soon after a person is arrested and charged with a felony crime. The purpose is for the judge to decide if there’s enough evidence for the case to move forward to trial.
Lots of folks get confused or nervous about preliminary hearings when they first get arrested. It’s totally normal not to understand how it works! The court system can be really confusing with all its rules and procedures. This article will explain what happens before, during, and after a preliminary hearing so you know what to expect.
When Does a Preliminary Hearing Happen?
After a person gets arrested, the prosecutor has to file formal charges within a certain time limit. For folks in custody, charges have to be filed within 7 days. For folks out on bail or released on their own recognizance, charges have to be filed within 21 days.
Once charges are filed, the court will schedule a preliminary hearing. If you’re in custody, it has to happen within 10 days. If you’re out on bail, it has to happen within 20 days. The hearing is held in front of a judge called a magistrate. It usually happens at a Regional Court Center instead of the main courthouse downtown.
What Happens at the Preliminary Hearing?
A preliminary hearing is kind of like a mini trial. The prosecutor presents evidence and calls witnesses to try to show there’s probable cause that a crime happened and that you’re connected to it. Probable cause is a pretty low standard of proof – much lower than the “beyond a reasonable doubt” standard used at a full trial.
The prosecutor usually calls the lead detective and any important witnesses like victims or eyewitnesses. They testify about the investigation and evidence collected. The goal is to show the judge there’s probable cause to move forward.
Your defense lawyer can cross-examine the witnesses and try to show weaknesses in the prosecutor’s case. You can also testify yourself to give your side, but you don’t have to since it could give away your defense strategy. After hearing the evidence, the judge decides if there’s enough proof to move ahead with the charges.
What Happens After the Preliminary Hearing?
There’s three basic outcomes after a preliminary hearing:
- Case Dismissed – If the judge decides there’s not even probable cause, the whole case gets thrown out right there.
- Case Bound Over for Trial – If the judge decides there is probable cause, the case moves ahead to trial in Superior Court.
- Plea Bargain – Many cases end in a plea deal at the preliminary hearing stage to avoid trial.
If your case gets dismissed at the preliminary hearing, that’s it! The charges are dropped and you walk free. But if it gets bound over for trial, your next court date will be an arraignment in Superior Court. That’s where you formally enter a plea of guilty or not guilty.
Many cases actually end at the preliminary hearing stage through plea bargains. The prosecutor may offer a good deal to avoid trial – like pleading to a lesser charge. Your lawyer will discuss any offers with you. If you accept a deal, you waive the rest of the hearing and enter a guilty plea right then.
How to Prepare for a Preliminary Hearing
Having an experienced criminal defense lawyer helps take away a lot of the stress and confusion of preliminary hearings. But there’s a few things you can do to prepare:
- Review police reports and discovery – Your lawyer should share the prosecutor’s evidence so you know what witnesses and documents they have.
- Discuss defense strategy – Talk with your lawyer about the best defense and your options before the hearing.
- Line up supportive witnesses – Friends or family who can testify to your character or alibi can help.
- Consider expert witnesses – In some cases, expert testimony can rebut the charges.
- Testify carefully – Only testify if your lawyer recommends it – and tell the truth!
While preliminary hearings feel really serious, remember that it’s just the first step in the process. Don’t panic or lose hope! An experienced criminal lawyer can put on a strong defense and get good results at your hearing.
Key Things to Know
Here’s a quick summary of some key facts about preliminary hearings in Phoenix:
- Happens within 10 days if you’re in custody, 20 days if you’re out on bail.
- Purpose is to establish probable cause to move case to trial.
- Prosecutor presents evidence and witnesses.
- Defense can cross-examine and present counter evidence.
- Judge decides if there’s enough proof to proceed or not.
- If dismissed, case ends. If bound over, case proceeds to trial.
- Many cases end in plea bargain at this stage.
Having a good lawyer to guide you through the process makes a huge difference. They’ll make sure your rights are protected each step of the way. Don’t be afraid to ask questions so you know what’s happening! The court system can be confusing, but knowledge is power.