The Role of the Preliminary Hearing in Long Island Criminal Cases

The Preliminary Hearing: An Important Early Step in Long Island Criminal Cases

If you or a loved one has been arrested on felony charges in Long Island, New York, one of the first things you’ll face is a preliminary hearing. This initial hearing plays a crucial role early on in the criminal justice process. So what exactly happens at a preliminary hearing on Long Island, and why does it matter so much? Let’s take a closer look.

What is a Preliminary Hearing?

A preliminary hearing is basically a “mini trial” that takes place shortly after a defendant is arrested on felony charges in New York. According to New York criminal defense lawyer Michael Ricca, these hearings usually last up to three hours.

The main purpose is for the judge to determine whether there is “reasonable cause” to believe the defendant committed a felony offense. If so, the case moves ahead to a grand jury indictment. If not, the judge dismisses the felony charges (although misdemeanor charges may still remain).

When Does the Preliminary Hearing Happen?

New York law states that a preliminary hearing must occur within 144 hours (6 days) after an arrest on felony charges, according to Federal Criminal Lawyers. So these hearings happen very early on in the criminal process.

The timing is important because it gives the defense a chance to argue against the charges before an indictment makes things much more difficult.

What Happens During the Hearing?

The preliminary hearing functions much like an abbreviated trial. Both the prosecutor and defense attorney have the chance to present evidence and question witnesses.

The prosecutor presents just enough evidence to try to establish “reasonable cause” that a felony was committed. They don’t have to prove guilt beyond a reasonable doubt like at an actual trial.

Meanwhile, the defense attorney tries to show flaws in the prosecutor’s case and raise doubts about the defendant’s guilt. They may highlight contradictory evidence or credibility problems with the state’s witnesses.

If the judge decides reasonable cause exists based on the evidence, the felony charges will be sent to a grand jury for possible indictment. If not, the charges get dismissed.

Why Do Preliminary Hearings Matter for Defendants?

Preliminary hearings give the defense important opportunities early on in a criminal case.

First, they offer a chance to test the prosecutor’s evidence and see where the case may have weaknesses. The defense attorney can then use this information to better prepare for trial if an indictment happens.

Second, if the judge dismisses the charges, it’s a huge win that ends the case (for those particular charges, at least). The defense doesn’t have to worry about beating an indictment at trial down the road.

Finally, even if the charges aren’t dismissed, the defense gets valuable insight into the prosecutor’s strategy from the hearing. They can then adjust their own strategy accordingly moving forward.

The Bottom Line

While preliminary hearings don’t determine ultimate guilt or innocence, they still carry high stakes. These early “mini-trials” shape the trajectory of felony criminal cases in Long Island and beyond.

Smart defense lawyers use preliminary hearings to probe the prosecutor’s case for weaknesses. They also make their best pitch to the judge to try for dismissal before an indictment makes things much tougher.

So if you or someone you care about gets arrested on a felony charge in Long Island, don’t underestimate the importance of the preliminary hearing. It’s a crucial stepping stone in the path ahead.