Summary
- Preliminary hearings are like mini-trials
- Both sides present their cases, and a judge decides whether to go to trial
- The burden of proof threshold is much lower in preliminary hearings
Unlike civil actions that result from accidents and other forms of negligence that are usually settled out of court, being involved in any kind of criminal case means going through a number of legal phases and proceedings. A preliminary hearing is one of these, which generally happens right after the prosecution files formal charges.
But what is a preliminary hearing exactly, and what can you expect from the process? Here’s what you should know about this step you may need to go through.
Preliminary Hearing Definition
What does “preliminary hearing” mean? This is a court process that takes place before a criminal trial to gauge if there’s enough evidence to bring the case forward. It’s not an initial appearance or arraignment, which occurs before charges are finalized. Instead, a preliminary hearing is like a mini-trial.
The prosecution will call witnesses and introduce evidence, and the defendant’s team can cross-examine those witnesses. One important thing to know about these hearings is that evidence can be brought forward that would not be allowed at an actual trial. The defense can’t object in the same way as they would be able to during trial.
At the end of the hearing, if the judge believes that the crime was committed by the defendant, they can schedule a trial. If not, the case is dismissed.
The Purpose of Preliminary Hearings
With a quick search of, “How many court cases are filed each year?” you can quickly spot why preliminary hearings are so vital. In 2023, there were 67.6 million cases filed in state courts throughout the country.
This high number of cases has already overwhelmed the court system; if any hunch a prosecutor had could be brought to trial, the justice system could come to a standstill. By having preliminary hearings, which don’t last nearly as long as real criminal cases, judges can decide which cases have actual merit.
Preliminary hearings are also helpful to defendants. They prevent malicious prosecution that could impact reputations.
For example, if you’re charged with an aggravated DUI without receiving blood alcohol testing and there’s no actual evidence against you, the case may be thrown out in court, but you could still be seen by employers and even family members as someone who committed a DUI. The stigma attached could have dire consequences on your life.
Another important benefit of preliminary hearings for defendants is that they allow you to see the kind of evidence the prosecution has against you. You may be thinking about accepting a plea deal without knowing whether the case is strong or not. Once you see what’s actually on the table, you can better decide whether to take the deal.
What Happens at a Preliminary Hearing?
Defendants can have a much harder time winning in a preliminary hearing than they can during a trial. That’s because of the more lenient evidence rules and the lesser burden of proof. A preliminary hearing only requires probable cause instead of beyond a reasonable doubt.
At the hearing, the prosecution typically goes first and presents their case and the evidence that they think supports the criminal charges. They can call on witnesses to testify and introduce both physical evidence as well as hearsay evidence.
Hearsay evidence is an out-of-court statement used to prove the truth of what’s being asserted. This type of evidence is typically not allowed at trial, though there are exceptions, so this is one big difference to remember.
The defense then usually presents next. They can challenge the evidence and undermine witnesses through cross-examination and even challenge whether search or arrest warrants were legal. Once both sides have presented their cases, the judge will decide whether to proceed to trial.
Not all criminal cases have to go through a preliminary hearing. Some states only conduct these hearings for felony charges, while other states rely on a grand jury to decide whether there’s probable cause to proceed. At any point leading up to and after the preliminary hearing, plea deals are a possibility.
Get Guidance From Experienced Attorneys Today
If you’ve been charged with a crime, one of the steps you may have to go through is a preliminary hearing. Although these proceedings aren’t actual trials, it’s vital that you never attempt to go through them without consulting an experienced criminal defense lawyer.
Even if you’re sure there’s no evidence against you, not having a lawyer defending you could mean ending up going to trial. A lawyer can protect your rights throughout the process and help you explore your legal options to choose the best path forward.
At ConsumerShield, we can connect you with trusted and dependable attorneys in your area. We can also guide you through the process of selecting the right person for your unique situation. Contact us to find out how our team can make a difference in your case today.
