What is a preliminary hearing in Georgia?
Georgia preliminary hearings (also called commitment or committal hearings) are interesting creatures. An accused who either has no bail bond or is unable to afford bond and who requests a preliminary hearing is entitled to a hearing. However, the posting of bail bond constitutes a waiver of the right to a preliminary hearing.
At a preliminary hearing, evidence must be presented by the prosecutor and can be presented by defendant. Guilt or innocence is not an issue at a preliminary hearing. The only issue is whether or not sufficient legal reason exists to bind the case over for trial.
