Preliminary hearings
Preliminary hearings are a crucial stage in the judicial process where a prosecutor aims to establish that there is sufficient evidence, referred to as probable cause, to proceed with criminal charges against an accused individual. This process occurs after a criminal complaint is filed and is typically scheduled within a few days following an arraignment. During the hearing, the prosecutor presents evidence to a judge, who evaluates whether the evidence indicates that a crime has likely occurred and that the accused is involved. If the judge finds probable cause, the case moves forward, potentially to a trial or to a grand jury in jurisdictions that offer both options. Defendants have the option to waive this hearing, often based on the advice of legal counsel. If the judge concludes that there isn't enough evidence to support the charges, the case may be dismissed. Preliminary hearings, also known as preliminary examinations or evidentiary hearings, play a significant role in determining the trajectory of a criminal case, balancing the rights of the accused with the interests of justice.
On this Page
Preliminary hearings
SIGNIFICANCE: In this phase of the judicial process, the prosecutor attempts to present enough evidence to demonstrate the accused’s probable guilt. The judge must then decide whether to proceed toward trial.
In the US judicial process, if the prosecution believes that it has collected enough evidence to prove that the accused has committed a felony, the next step is either a grand jury or a preliminary hearing. If a state offers both options, the prosecutor may choose which one to pursue. At a preliminary hearing, the prosecutor must prove to a judge that there is sufficient evidence, known as probable cause, that a crime has occurred and that the accused has committed that crime. (In grand jury proceedings, the prosecution presents the evidence to the jury rather than the judge.) A preliminary hearing is scheduled after the prosecutor has filed a criminal complaint. The preliminary hearing is sometimes known as a preliminary examination or an evidentiary hearing.
A preliminary hearing must take place within a specified amount of time, usually within a few days after charges are filed and an arraignment is held. Defendants can waive the preliminary hearing and are sometimes advised to do so by their counsel.
During the preliminary hearing, the prosecutor presents only the amount of evidence necessary to demonstrate probable guilt. If the presiding judge determines that there is probable cause, the case will proceed to the next phase. In some states, this next phase may still be a grand jury hearing, and in others it may be the trial. If the presiding judge determines that there is insufficient evidence to indict the accused, the charges are dropped. The prosecution may next choose to take the evidence to the grand jury.
Bibliography
Bergman, Paul. “Preliminary Hearings.” Criminal Law: A Desk Reference. 3rd ed. Berkeley: Nolo, 2016. Print.
Glannon, Joseph W. Civil Procedure. 7th ed. Frederick: Wolters, 2013. Print.
Portman, Janet. “All About Preliminary Hearings or ‘Prelims’” Nolo, 17 Aug. 2021, www.nolo.com/legal-encyclopedia/all-about-preliminary-hearings-or-prelims.html. Accessed 9 July 2024.
“Preliminary Hearing.” Office of the United States Attorneys, www.justice.gov/usao/justice-101/preliminary-hearing. Accessed 9 July 2024.