What is the purpose of a preliminary hearing?
Asked by: Eleanore Berge | Last update: July 24, 2025Score: 4.4/5 (2 votes)
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial.
What is the most common result of a preliminary hearing?
The most common outcome of a preliminary hearing is the judge's decision to hold the defendant to answer on the charges. This means the judge has found sufficient probable cause to believe that the defendant committed the crime and the case will proceed to trial.
What is the primary purpose of the preliminary hearing?
The purpose of a preliminary hearing is for a judge to decide if there is enough evidence for the case to move forward. It is not to decide if someone is guilty. At a preliminary hearing, the prosecution presents the main evidence that supports the charges they filed.
What comes after preliminary?
At the end of Preliminary Hearing, the case is “bound over” to the District Court. This means the case file goes form Magistrate Court to District Court and all future hearings will be held there. It is usually about a month until the next hearing, which is an Arraignment.
Can a case be dismissed before preliminary hearing?
Defense attorneys can file pretrial motions that can lead to dismissal of charges. These motions can challenge the legality of evidence or argue the charges are not valid on legal grounds. If the defense wins these arguments the judge can dismiss the charges before the case goes to trial.
What is a preliminary hearing
How do you win a preliminary hearing?
Most of the time, prosecutors win preliminary hearings. To "win," the prosecutor must convince the judge that probable cause exists to show the defendant committed the charged crime(s) and the case should proceed to trial.
What is one reason prosecutors may decide to dismiss cases?
Legal Issues or Procedural Errors: Prosecutors may dismiss a case if there are significant legal issues or procedural errors that could compromise the fairness of the trial. This could include violations of the defendant's constitutional rights, mishandling of evidence, or other legal irregularities.
Is a preliminary hearing the same as an arraignment?
Preliminary hearings and arraignments both occur before your trial, but have different purposes. The preliminary hearing is where the judge decides if there is enough evidence mounted against you for you to stand trial. The arraignment is where you can file your plea of guilty, not guilty, or no contest.
What stage is 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.
Why is it called preliminary?
Preliminary means something that comes before something else. If you want to run in the race, you have to place in the top third of the preliminary round. It can also mean "early" — the preliminary results are in, and you've won!
How do you know if your case will be dismissed?
Some signs we look for are a lack of physical evidence, gaps in the chain of custody of evidence, contradictory eyewitness accounts, or witnesses who lack credibility. If the prosecution's case is built on a shaky foundation, they often realize a dismissal or plea deal is their best option.
How many times can a felony case be reset?
Resetting a Felony Case
The number of times a case can be reset depends on the circumstances. For example, if a defendant has a court-appointed public defender, they can automatically reset the case three times. However, a criminal defense attorney who you hire on your own can automatically reset a case four times.
Why is the preliminary important?
A preliminary hearing has been described by many attorneys as a method for a court to screen out cases that cannot be later proven at trial. The court's job is to weigh the evidence.
What is the point of a preliminary hearing?
The primary purpose of the preliminary hearing is to determine if there is sufficient evidence to justify holding the defendant to answer for the alleged crime, which includes any misdemeanor charges that were filed along with the felony.
What comes after your preliminary hearing?
If the defendant's case was not dismissed at the preliminary hearing the case then moves to a trial court where the defendant is once again arraigned. However, this time a trial date is set. Generally speaking, the trial is set to occur within 60 days from the date of this new arraignment.
How to win a preliminary hearing?
At a preliminary hearing, their burden is only to show probable cause that the defendant committed the charged offense. Probable cause is not proof at all, but it does require a much less substantial showing than that required at trial.
Can you go to jail at a pretrial conference?
Yes, a person can be arrested at a pre-trial hearing, but there has to be a valid reason to do so.
What percentage of defendants plead guilty?
Read more. About 95% of felony convictions in the United States are obtained by guilty pleas (and at least as many misdemeanor convictions), but only 15% of known exonerees pled guilty (261/1,702). Innocent defendants who plead guilty have an exceptionally hard time convincing anybody of their innocence.
Can the victim bail out the defendant?
Are you the victim of the case that is holding the defendant in jail? You can bail the defendant out at any time you want. The order is against him and not against you. He can't have any kind of contact with you if there's an order in effect.
Why would you waive arraignment?
If a defendant waives arraignment with assistance from a criminal defense attorney, the attorney makes certain that the defendant fully understands the charges and their legal rights relating to the criminal process. Waiving arraignment is typically accompanied by the defendant entering a plea of not guilty.
What is the most popular reason that cases get dismissed?
One of the most common reasons for the court to dismiss a criminal case is insufficient evidence.
How often are felony charges dropped?
Regardless of the cause, around 25-30% of felony charges get dropped before trial, so there's a decent chance your case could get dismissed, too.
Can a judge refuse to dismiss a case?
Here are some common reasons why judges refuse to dismiss criminal cases: Sufficient Evidence: A judge won't dismiss a case if the prosecution presents enough evidence to support the charges. The judge will likely allow the case to go to trial if the evidence seems strong enough to lead to a possible conviction.