What is a Preliminary Hearing?
After a benefit review conference, if an employer or its insurance company is still wrongfully withholding benefits that are due to an employee, the benefits can be demanded at a proceeding called a Preliminary Hearing. The benefits that can be requested are medical treatment and temporary total compensation.
A preliminary hearing or preliminary examination is known as a probable cause hearing. It is not a trial. Before you can be made to stand trial on a felony, the prosecution must show that there is a rational basis for the charge against you. The government must produce evidence that convinces a judge that there is a some reason to believe that the crime has been committed and that you are liable for the act or acts charged. Only a minimal showing is needed for this hearing. Not all of the rules of evidence apply to these hearings and in some instances the actual witnesses do not have to “testify” in person. The defense has an opportunity to produce evidence at this hearing but this is rarely done since the prosecution must present so little evidence. The defense does, however, have the right to cross-examine any witnesses called by the prosecution. Another thing that may happen during the preliminary hearing process is that your lawyer may make certain motions on your behalf. Your atto
A. In Virginia, there are two types of criminal charges, misdemeanors and felonies. Felonies are more serious in nature and carry a higher penalty in terms of greater fines or longer imprisonment. Defendants charged with felonies have a right to a preliminary hearing where the prosecutor must prove to the court that there is enough evidence to show that a crime has been committed (known as “probable cause”) and that the defendant is the person who most likely committed that crime. A preliminary hearing is a scheduled court date, similar to the trial; the judge, defendant, defendants attorney, prosecutor, and all subpoenaed victim(s) and witness(es) are present. However, the prosecutor will put on only enough evidence to justify further proceedings against the defendant. If the prosecutor establishes probable cause, the case is certified to the next Grand Jury and the case is set for trial at a later date. For more information on the criminal justice process, see CRIMINAL JUSTICE 101.
