What is a Preliminary Hearing?
If you are arrested for a felony in California, the question that is probably going through your head is, “Now what happens to me?” Unless you make bail, you will remain in custody throughout your court case. Your first court appearance is the arraignment. (See this post for more information on the arraignment.) After that, most felony cases proceed to preliminary hearing. In a felony case, there is a crucial stage between the arrest & arraignment and the trial. Before proceeding to trial, you must be either indicted by the grand jury or be held for trial after a preliminary hearing. These are designed to be safeguards for you – to weed out cases and charges that should not go forward. The preliminary hearing is essentially a “preview” of the evidence put on by the prosecution. They must convince the judge at the preliminary hearing that enough evidence exists to warrant holding you for trial. They must show sufficient evidence of each and every charge – and each and every element of e
A preliminary hearing takes the form of a mini-trial in which testimony is taken under oath. The judge, defendant, defendant’s attorney, prosecutor and any victims or witnesses subpoenaed are present. At the preliminary hearing the D.A.’s Office has to establish: 1) that a felony has been committed in Tompkins County, and 2) probable cause exists to believe that the defendant committed the felony. During this usually brief proceeding, the defendant’s attorney may cross examine the state’s witnesses and produce any evidence he or she wishes. In some cases, the defendant may waive the preliminary hearing and the case will be sent directly to Grand Jury. What is the Grand Jury’s Role? In order to get an indictment for a felony charge(e.g. rape or certain other sex crimes), evidence must be presented to the Grand Jury which consists of 16-23 citizens. The ADA must establish that there is reasonable cause to believe that the defendant committed the crime charged. The ADA calls witnesses to
A preliminary hearing is a hearing in front of a Magistrate to determine if there is enough evidence that you might be guilty. It is not your trial. You will not be given the opportunity to speak nor to present witnesses. Your attorney will have the opportunity to question the witness from the government, to challenge the idea that there is even probable cause to believe you were involved in the crime. If the Magistrate does not believe probable cause exists, the charge could be dismissed at the preliminary hearing.
If you were charged with a felony, one of your next court appearances will most likely be a preliminary hearing. A preliminary hearing must be held within ten days of your arraignment date if you are in custody. In some courts, there may be a conference scheduled prior to the preliminary hearing. This conference is a chance for the District Attorney, your attorney and the judge to discuss possible resolution of your case. The preliminary hearing is the first real opportunity for your attorney to refute the government’s evidence against you. At the preliminary hearing, “hearsay” (out of court statements) are commonly admissible. Therefore, the alleged victim may not take the stand; rather, the police officer that took the report may take the stand and testify for and in place of the victim. At the preliminary hearing, the judge will determine whether or not there is probable (reasonable) cause to believe that a crime has been committed and if so, whether or not the defendant committed t
It is a scheduled courtroom event with testimony under oath, where the judge, the defendant, the defendant’s attorney, the prosecutor from the District Attorney’s Office and any victim or witness subpoenaed is present. The purpose of the hearing is to establish that a crime has been committed and that the defendant committed it. The prosecutor has the burden of proof. If probable cause is shown, The judge will rule that the defendant shall go to trial in District Court.
