What happens before a preliminary hearing?
Asked by: Alexis Schmitt | Last update: January 29, 2026Score: 4.8/5 (39 votes)
Before a preliminary hearing, the prosecution and defense prepare by exchanging evidence (discovery), the defense reviews police reports and statements to find case weaknesses, attorneys file motions (like suppressing evidence), and they may negotiate plea deals, all while setting the hearing date, often soon after the arraignment, to determine if there's enough evidence for trial.
What is the most common result of a preliminary hearing?
The most common result of a preliminary hearing is for the judge to find probable cause and hold the charges for trial, as prosecutors only need to meet this lower evidence standard, not prove guilt beyond a doubt. Other results include dismissal of charges (if no probable cause exists), reduction of charges (like from a felony to a misdemeanor), or modifications to bail, but proceeding to trial is the most frequent outcome.
What comes before the preliminary hearing?
An arraignment starts the criminal process and is the defendant's first direct contact with the criminal justice system following arrest. A preliminary hearing, in contrast, is an in-depth review to determine if there is enough evidence to proceed with the case.
What questions does a judge ask during a preliminary hearing?
During a preliminary hearing, a judge asks questions to determine if there's probable cause (enough evidence) for a crime to have occurred and for the defendant to have committed it, not to decide guilt; questions focus on the details of the incident, police investigation, witness statements (like when, where, who, what, and initial reports), and the sequence of events to see if the case should proceed to trial, not beyond reasonable doubt.
What triggers a preliminary investigation?
Preliminary Investigations for Major Crimes
When an incident alleging a major crime such as a sexual assault or robbery occurs or is reported during general business hours a detective will be notified and will conduct the preliminary investigation with the assistance of patrol.
What to Expect at Your Preliminary Hearing? (Explained)
What are the five steps of a preliminary investigation?
The video outlines the six key steps in a preliminary investigation:
- Attending to injured parties.
- Observing the scene.
- Determining if a crime was committed.
- Securing the crime scene.
- Interviewing witnesses.
- Compiling a report.
What are the 7 steps of investigation?
Find out how these steps apply to any investigation.
- Identify Scene Dimensions. Locate the focal point of the scene. ...
- Establish Security. Tape around the perimeter. ...
- Create a Plan & Communicate. ...
- Conduct Primary Survey. ...
- Document and Process Scene. ...
- Conduct Secondary Survey. ...
- Record and Preserve Evidence.
What not to tell a judge?
You should not say anything sarcastic, interrupt the judge, lie, use slang, make personal attacks on others, guarantee outcomes, or speak about things not relevant to the case; instead, remain respectful, address the judge as "Your Honor," answer only the question asked, and be direct and truthful to maintain credibility.
How long do preliminary hearings usually last?
Preliminary hearings are much shorter than trials. A typical preliminary hearing may take from a half-hour to two hours, while some only last a few minutes. Trials can last hours, days, or weeks.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
What comes after preliminary?
After a preliminary hearing, if the magistrate finds probable cause, the defendant will be held to answer the charges. This transition into the criminal justice process involves several steps: Arraignment: The criminal defendant is formally charged and enters a plea—guilty, not guilty, or no contest.
What must occur before a preliminary hearing may take place?
California law requires the judge to hold a preliminary hearing after the prosecutor formally files a felony complaint with the court. This step in the criminal court process is often called a probable cause hearing.
How to prepare for a preliminary hearing?
How To Prepare For Hearing
- Talk To Criminal Defense Lawyer. You can evaluate your case with your attorney beforehand to ensure that any potential concerns are adequately addressed rather than waiting until right before the pretrial hearing.
- Record Critical Scenes. ...
- Investigate Police Report. ...
- Discuss Your Concerns.
What occurs during a preliminary hearing?
A preliminary hearing, or probable cause hearing, is a pre-trial court proceeding where a judge determines if the prosecution has enough evidence (probable cause) to believe a crime occurred and the defendant committed it, allowing the case to proceed to trial; during the hearing, the prosecutor presents evidence and witnesses, the defense cross-examines, and the judge decides if there's a sufficient factual basis for the charges, potentially leading to dismissal if not.
What types of evidence are typically presented during a preliminary hearing?
The type of evidence presented during a preliminary hearing often depends on the case details, but it generally includes: Testimony from Witnesses: The prosecutor may call witnesses to outline the key facts of the case. Police officers often testify about arrests or investigations.
Can a case be settled at a preliminary hearing?
Once being arrested and declaring a “not guilty” plea, the next step in your legal journey is to proceed with what is called a pretrial hearing. It is important to understand the value of such a process because more often than not, cases are resolved at these pretrial hearings.
Does the defendant have to be present at a preliminary hearing?
Yes, a preliminary hearing cannot proceed without the defendant being present.
Is a lawyer needed for the hearing?
Although a lawyer may not be absolutely necessary, having a knowledgeable attorney who will fight for you in court can impact the legal process and experience. If you are representing yourself, it can be difficult to speak up in front of a judge or to know what your legal rights are in the court process.
What annoys a judge?
Other judges said they dislike personal attacks, snide remarks, innuendo, or sarcasm. One judge said his or her biggest pet peeve is “the growing tendency to wax personal in responding to arguments.” Unorganized briefs.
What is the B word for lawyer?
The "B word" for a lawyer, especially in the UK and Commonwealth countries, is Barrister, which refers to a specialist lawyer who argues cases in higher courts, distinct from a solicitor, though other terms like Attorney, Counsel, or even the pejorative "ambulance chaser" can be used, while "Esquire" (Esq.) is a title for any licensed lawyer in the U.S.
How do you impress a judge?
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- Dress professionally and appropriately. ...
- Show up on time in the right place. ...
- You may have to wait outside the courtroom before your testimony. ...
- Be aware that there is a chance that you will not be called to testify at the scheduled time and you may have to return at another time.
What are the three rules of investigation?
The three rules you should apply to every incident investigation are: Don't Cause More Damage. Don't Destroy Evidence. Don't Make Up Your Mind Before You Start Investigating.
What are the common errors in investigations?
Common chain of custody errors includes not securing or storing the evidence properly, not documenting where the evidence was collected, not preventing the evidence from being altered, or not controlling who is allowed to handle the evidence.
What should be the investigator on a case's first step when taking over a crime scene?
Investigators should perform the evidence collection process in a systematic and careful manner. The process begins with the preliminary crime scene survey/walk-through, followed by a determination of the evidence collection sequence to be used.