People who are facing a case in the criminal justice system generally have to make more than one court appearance. One appearance they may have to make is a preliminary hearing, which occurs after an initial appearance.
This hearing must be held within a reasonable time after the initial appearance unless the defendant waives the hearing, consents to a trial before a magistrate judge or receives an indictment.
How does a preliminary hearing work?
A preliminary hearing allows a judge to determine if there’s probable cause for a case to continue to move forward. The judge will consider the evidence to determine if it presents enough information to show that there’s a chance the defendant committed the crime.
The prosecution can present its evidence, including witness testimony, during the hearing. The defense can present its own evidence, cross-examine the prosecution’s witnesses or call evidence into question, if desired.
Rules regarding what’s acceptable for evidence are relaxed during the preliminary hearing than they are in a trial. This enables the court to consider a wide range of information as it determines if there’s probable cause.
What are the possible outcomes of a preliminary hearing?
A preliminary hearing isn’t meant to determine guilt. A judge must make a decision based on specific guidelines. There are three options possible:
- The case may move forward to criminal proceedings if the judge finds there’s enough evidence.
- The charges can be dismissed if the judge says there’s not enough evidence for the case to move forward.
- The judge may reduce the charges if there’s only enough evidence for a lesser offense.
While a preliminary hearing doesn’t determine whether a person is guilty or not, it’s still an important part of the criminal justice process. Working with a legal representative to prepare for a preliminary hearing is important because these hearings can be complex and consequential in nature.