What is a Preliminary Hearing?

A Type of Legal Proceeding: Preliminary Hearing

A type of legal proceeding that occurs before a criminal trial is known as a preliminary hearing. This is similar to an arraignment. There are some important differences between these two legal procedures. Each of them serves a different purpose.

Enough Evidence And Entering A Plea

A preliminary hearing is often considered to be a trial before a trial. The job of a judge in this situation is not to determine if a defendant is or is not guilty. A judge is to determine if there is sufficient evidence for a defendant to stand trial. During an arraignment, a defendant can file their plea of guilty or not guilty to the charges made against them. An arraignment occurs before a preliminary hearing.

Probable Cause

The legal standard used by a judge to determine if enough evidence has been produced by the prosecution during the preliminary hearing is known as probable cause. There must be sufficient evidence to convince a jury a crime was committed. It must also show the defendant committed the alleged crime. Probable cause is considered the presence of a logical basis to engage in a person’s prosecution. This is different from the strong evidence of guilt required for a conviction known as beyond a reasonable doubt. Winning at a preliminary hearing can be more of a challenge than winning during a trial.

Preliminary Hearing

There are certain things a person can expect to happen at a preliminary hearing. The presiding judge will listen to arguments from a defendant’s attorney as well as the prosecutor. A prosecutor may call witnesses to testify. They can also introduce physical evidence. All of this will be to convince the presiding judge there is sufficient evidence for the case to go to trial. The attorney for the defense is allowed to cross-examine the government’s witnesses. They are permitted to question all of the evidence presented against their client. Their goal will be to convince the judge the case presented by the prosecutor isn’t strong enough to proceed to trial. The defense attorney will try to show how the case against their client should be dismissed.

Not In Every Case

It is important to realize a preliminary hearing does not occur in all criminal cases when a defendant has entered a plea of not guilty. Some states only hold preliminary hearings when a defendant is charged with a felony. It is always possible for a criminal case to be resolved with the use of a plea bargain before a preliminary hearing. The prosecution may provide the best possible plea offer right before a preliminary hearing. This is done when they have invested a minimal amount of effort into the case. Should a preliminary hearing go well for the prosecution, they may refuse to offer any type of plea. If a preliminary hearing goes badly for the prosecution, the defense is in a position to negotiate the best possible terms or have the case against their client dismissed. How to handle the agreements and timing of negotiations around a preliminary hearing is a very serious consideration.

Half-Way Point

This is often considered the half-way point of a felony case. A preliminary hearing is required to be held within ten court days from a defendant’s arraignment. It is common for a defendant to waive the time requirement so a preliminary hearing can take place later. In some cases, the preliminary hearing may not occur for several months.

Credibility

At a preliminary hearing, the credibility of a witness is not an issue. A judge is required by law to accept the testimony the witnesses provide by the prosecution. A judge is not permitted to determine the credibility of a witness or if the prosecution will win at trial. An exception could involve video. If there is a video that directly contradicts the statements of an eyewitness, a judge may be moved to consider arguments of credibility.

Many attorneys believe a preliminary hearing as a way for a court to screen out cases that won’t be able to be proven later at trial. These hearings can be a little as ten minutes and some complicated cases have lasted for several days. Anyone who is arrested for a crime and facing a preliminary hearing will need to have an experienced attorney represent them. They will know the best ways to discredit the evidence, witnesses, and do what is necessary to get their client’s case dismissed.

Preliminary Hearings: The Crucial First Step Before a Criminal Trial

Introduction

The legal process can be overwhelming and confusing for those facing criminal charges. However, one crucial step in the process is the preliminary hearing, which is often considered a trial before the actual trial. At Spodek Law Group, Attorney Todd Spodek and his team of experienced attorneys have successfully handled countless criminal cases, including preliminary hearings. They provide invaluable assistance to clients nationwide.

Preliminary Hearings versus Arraignments

Although similar legal proceedings, arraignments and preliminary hearings serve different purposes. During an arraignment, a defendant enters a plea of guilty or not guilty to the charges made against them. On the other hand, a preliminary hearing determines whether there is sufficient evidence for a defendant to stand trial before it begins.

Probable Cause

During this hearing, probable cause must be established by the judge who will determine if there’s enough evidence that convinces jurors that an alleged crime was committed by the defendant. Probable cause differs from stronger evidence required for conviction known as beyond reasonable doubt.

What Happens at Preliminary Hearing?

Both defense and prosecution are given opportunities during this hearing to make arguments and present their respective pieces of evidence. Prosecutors may call witnesses while presenting physical proof; however defense attorneys can cross-examine witnesses while questioning all presented evidence against their client with hopes of convincing judges that cases should be dismissed.

Not Every Case Involves Preliminary Hearing

It’s important to note that not every case involves such hearings since some states only require them for felony cases alone. Additionally, plea bargains may also be offered before these hearings commence or when prosecutors choose not to offer any bargain after successful completion of such trials.

Credibility And Timing

Judges are legally bound during these trials to accept testimony from prosecution witnesses without considering credibility issues surrounding them usually within ten court days following defendants’ arraignment. However, defendants may waive this requirement.

The Importance of Experienced Legal Representation

Overall, preliminary hearings are crucial steps in the legal process and anyone facing criminal charges should seek out experienced attorneys’ assistance. At Spodek Law Group, Attorney Todd Spodek and his team have the knowledge and expertise to navigate complexities of the legal system while helping clients achieve best possible outcomes.

Benefits Of Working With Spodek Law Group

• Experience Handling Preliminary Hearings And Criminal Cases
• Professional And Knowledgeable Representation
• Use Of Emotionally Charged Words To Engage And Persuade
• Compelling Language To Demonstrate The Firm’s Experience And Expertise

Why Choose Spodek Law Group?

Spodek Law Group understands that a criminal charge can be one of life’s most challenging experiences for an individual. Therefore they offer professional and compassionate representation to help clients navigate through the legal system while achieving their desired outcome.

Their team of experienced attorneys led by Attorney Todd Spodek has a deep understanding of law and its processes. They use emotionally charged words with compelling language to engage persuasively with proven success records in handling preliminary hearings as well as other criminal cases.

Whether you’re facing trial or plea bargain, they will work tirelessly towards protecting your rights discrediting evidence presented against you convincing judges to dismiss your case.

Conclusion

Preliminary hearing is a crucial first step in any criminal justice process; therefore it’s essential to have experienced legal representation when navigating through complexities surrounding such trials. At Spodek Law Group, they possess knowledge, expertise alongside compassion required for successful outcomes during these proceedings.

Contact them today if you need assistance with your preliminary hearing or any other legal matter related to criminal charges since their team is always ready to help guide you through every step involved in such trials successfully!