What Happens At A Preliminary Hearing?

A preliminary hearing is a hearing that takes place if you are charged with a felony crime. This hearing happens after the initial appearance and before arraignment. During the hearing, the State will call a law enforcement officer as a witness and ask them questions about the alleged felony. We will then cross-examine the witness. After questioning, the State and the Defense will argue to the Court about whether the State has presented evidence to establish probable cause that you committed a felony. If the judge finds probable cause exists, you are bound over for trial.

Now, during a preliminary hearing, hearsay is admissible, and all inferences fall in favor of the State. Establishing probable cause is a low bar, which means we expect the Court will bind over most of the time. Even so, we use the preliminary hearing to begin to poke holes in the State's case and demonstrate areas in which they have proof problems. Once you are bound over for trial, we’ll move forward with arraignment, where you will plead not guilty in your case, and then the process of the case will continue from there.