What happens at a preliminary hearing?

What Goes Down at a Preliminary Hearing?

After getting arrested and charged with a crime, one of the first big steps is the preliminary hearing. This legal proceeding happens pretty early and sets the stage for everything else.

So what exactly happens at prelims? And how do they impact the rest of your case? This article breaks it down in simple terms so you know what to expect.

Purpose of Preliminary Hearings

These hearings have two main goals:

• Show there’s enough evidence for the case to go to trial
• Weed out weak cases with insufficient evidence

It’s a chance for the judge to look at the prosecution’s evidence early on and decide if it’s solid enough to justify having a full-blown trial.

When Prelims Happen

Preliminary hearings occur pretty soon after arrest, like within a month. The timeline goes something like:

1. You get arrested and charges are filed
2. First court appearance for bail/bond
3. Prosecution files formal complaint detailing the charges and facts
4. Your preliminary hearing date comes up fast – within 10-30 days typically

What Happens During the Hearing

At the prelim, the prosecutor presents evidence and calls witness to show there’s “probable cause” you committed the crime. Common evidence includes:

• Eyewitness testimony placing you at the scene
• Security footage or photos
• Physical evidence like weapons or stolen items
• Cop testimony about the investigation

Your lawyer can cross-examine the witnesses and try to undermine the evidence. But the standard of proof is pretty low at this stage.

If Case is Strong Enough

If the judge decides there’s enough solid evidence for a trial, they’ll rule the case can move forward. This means:

• You’ll be formally arraigned and asked to enter a plea
• More hearings will be scheduled to argue motions and handle other pre-trial issues
• A trial date will be set so you can finally dispute the charges before a jury

So prelims are just the first step – you’ve still got a long road ahead if your case holds up here.

If Case is Weak or Evidence Insufficient

But if the evidence seems too flimsy and unreliable, the judge can dismiss the charges at the prelim. This stops the prosecution in its tracks before things go further.

Getting charges tossed at this early stage is fairly rare though. Police and prosecutors usually only file charges they’re pretty confident can cross the low probable cause threshold at the hearing.

Pleading Guilty at the Preliminary Hearing

Some defendants decide to plead guilty at their prelim if a good plea offer is made. Reasons for pleading out early include:

• Avoiding the cost, stress, and uncertainty of trial
• Locking in a lenient sentence from the plea deal
• Taking responsibility quickly to impress the judge

But in many cases, it pays to wait since pleading gets you a conviction while going to trial still leaves a chance of acquittal.

Waiving Your Preliminary Hearing

You can also waive or skip the preliminary hearing altogether. Some reasons to consider this:

• The evidence against you is overwhelming anyway
• You plan to plead guilty later on
• Holding the hearing will give the prosecution a preview of your defense

Waiving prelims becomes permanent though – you don’t get a second chance at that first screening of the evidence.

Role of Your Attorney

Smart defendants have their lawyer take the lead at preliminary hearings. Your attorney can:

• Argue to get damaging evidence thrown out
• Cross-examine witnesses and highlight inconsistencies
• Persuade the judge the case is too weak right now

An experienced preliminary hearing lawyer knows the best strategies for this critical first phase.

Takeaways

Preliminary hearings come early in the criminal process to weed out weak cases. Understanding how they work helps you make informed choices at this pivotal stage.

References

[1] What Happens at a Preliminary Hearing? | Nolo

[2] Preliminary Hearings in Criminal Cases | Lawyers.com

[3] Preliminary Hearing – Justia

[4] What happens after a preliminary hearing? | Avvo

[5] California Preliminary Hearings – Purpose, Procedure & Strategy (2022) – Shouse Law Group