If you are preparing for a preliminary hearing in California, it’s important to know what to expect. The primary objective of a preliminary hearing, or “prelim,” is for the judge to determine whether the prosecution has sufficient evidence to proceed with the case.
During this hearing, the prosecution will present the key evidence supporting the charges filed against you. Since preliminary hearings only apply to felony criminal prosecutions, you should hire a Los Angeles criminal defense lawyer as soon as possible.
Reach out to Simmrin Law Group today for a free legal consultation. Your future may be on the line, and we are here to help.
What Is a Preliminary Hearing?
According to California courts, a preliminary hearing (or pre-trial hearing) decides whether there is enough evidence to proceed with the criminal case. As such, it’s held before trial and before a judge only.
You cannot be found guilty at this point. The judge can only decide if there is enough evidence to hold you for trial, and there are several reasons why a judge might not allow charges to proceed at this stage, for instance:
- There may be no probable cause for arrest.
- The police may have done something wrong during their investigation (like illegally searching someone’s home).
- They may not have followed proper procedures during the questioning of witnesses.
The preliminary hearing can also benefit your case. An experienced attorney can use it to discover which evidence the prosecutors hold or cross-examine witnesses. The Simmrin Law Group is ready to investigate your case and build a defense on your behalf.
For a free legal consultation, call (310) 896-2723
When Is a Preliminary Hearing Held?
If you are arrested for a misdemeanor or felony crime in California, you are entitled to a preliminary hearing. It must take place within 10 days of your arrest.
At this hearing, the judge will decide if:
- There are reasons to believe a crime was committed.
- There are reasons to believe you were the perpetrator.
Your lawyer can advise you to waive the preliminary hearing for strategic reasons. However, this is rare since preliminary hearings can help them develop a better defense. Let our criminal defense team fight for your rights today.
You Do Have Rights at a Preliminary Hearing
Getting legal representation is important because it is the best way to ensure your rights are respected. You have the right to present witnesses on your behalf, confront and cross-examine witnesses, and have a criminal lawyer represent you during a preliminary hearing.
Your lawyer will also question the evidence against you and ask for the case to be dismissed if the evidence is insufficient. Our attorneys have extensive experience fighting for those facing criminal charges.
Do not let the prosecution bombard you at the hearing. Build a strong defense with a member of our team.
What Happens During a Preliminary Hearing in California?
Both the prosecution and defense will present their evidence and witnesses. The standard of proof is lower than on a real trial since the judge must only determine if there is probable cause. That means the evidence presented does not need to be substantial.
- Presentation of evidence: The prosecution presents the evidence they have against you. They can even call witnesses to support their claim. For example, if you are charged with driving under the influence (DUI) after an accident, one of your passengers may testify that they saw you drinking before getting behind the wheel.
- Cross-examination: During this stage, your attorney has the opportunity to examine the witness and look at the evidence presented. That is important since it can help them assess the case and prepare a better defense.
After the prosecutors present their case and your lawyer has a chance to cross-examine witnesses, the judge will decide whether there is enough evidence to hold a jury trial or if they can dismiss the case.
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What Happens During a Preliminary Hearing in California?
Remember, this is not a trial, and you cannot be found guilty yet.
However, the objective of this hearing is for the judge to consider if:
- There is probable cause that a crime was committed.
- There is enough probable cause to believe you were the one who committed it.
The most common outcome is to get bound over for trial; however, an experienced defense attorney can take the opportunity to get the charges changed or dropped. In those cases, no further hearings are necessary.
What Happens After the Preliminary Hearing?
The most probable outcome is to get charged. In that case, all further proceedings regarding this case will be moved to a trial court within the next 15 days. You must appear at a new arraignment (or hearing) if imposed with additional charges.
If that is your situation, your next step should be preparing a pre-trial motion. While most prelims end up with the judge finding probable cause to charge you, there are a few instances when the outcome is different.
Other Possible Outcomes of a Preliminary Hearing
Preliminary hearings can have various outcomes, depending on the circumstances of your case.
- No probable cause is found: That could happen due to the court’s findings or your lawyer’s intervention. In those cases, the charges can be dismissed.
- No probable cause is found for some of the charges, but it does for others: In these cases, some of the original charges can be dismissed.
- You are found to have committed other offenses: As a result of the prosecutors’ evidence, this might occur. In those cases, more charges can be added to the original complaint.
- Reduce felony charges to misdemeanors: If you don’t have any prior convictions or if the judge finds your offense to be minor, they can reduce the felony charges to misdemeanors.
Other Benefits of a Preliminary Hearing: Resolving a Case by a Negotiated Plea
A preliminary hearing gives the prosecutors and defendants a chance to assess how a trial would develop. And in many cases, that could mean the difference between the parties coming to an arrangement.
Sometimes, the defendant or the prosecutors realize they don’t have a strong enough case to go to trial and decide to settle for a plea deal. An experienced criminal defense attorney will know when it is time to negotiate a deal on your behalf and will explain how it benefits you in the long run.
Frequently Asked Questions
If you have never gone through the court process before, you likely have many questions about the preliminary hearing portion. We can provide the answers you need.
Can I Be Sent to Jail After a Preliminary Hearing?
No. Even though a preliminary hearing is usually the beginning of a longer process, you cannot be sentenced at one.
Is a Preliminary Hearing a Good or a Bad Thing?
An experienced attorney can use a preliminary hearing to reduce charges or dismiss the case. However, a lack of preparation or new evidence presented by the prosecutor can also increase the charges or the sentence. As always, hiring a lawyer as soon as possible is the best advice.
What Is the Main Purpose of a Preliminary Hearing?
According to the Department of Justice, a preliminary hearing is meant to defend your rights against any unfounded criminal accusation, ensuring the prosecutors have enough evidence to allow a criminal trial.
It is vital to have a criminal defense attorney represent you at this hearing, even if you know you did nothing wrong to warrant the charges. An attorney will ensure the correct arguments are made to show the court that the charges should be dropped.
Can I Waive My Preliminary Hearing?
Under exceptional circumstances, your lawyer may suggest you waive the preliminary hearing. But in most cases, it could be your best chance of developing a solid defense. Be sure you discuss the case in depth with your attorney before making the decision, as it may not be in your best interest.
If This Is Not a Trial, Do I Need a Lawyer?
Even though this is not a trial, a lawyer can make the difference between later facing a jury and walking free. It can also mean the difference between staying incarcerated or being in monitored home confinement while the case proceeds.
Can I Be Set Free for Good After a Preliminary Hearing?
Yes. Even though it is rare, it is possible that your attorney can point at inconsistencies such as a lack of witnesses, no probable cause for arrest, or poor procedures during the questioning of witnesses.
Who Must Attend a Preliminary Hearing?
Only the representatives of both sides need to be present. In some cases, witnesses may also be required.
What Questions Does a Judge Ask During a Preliminary Hearing?
There are many types of questions a judge can ask during a preliminary hearing, for instance:
- Was the accused in the company of someone else?
- What was the witness doing before they noticed the incident?
- Had the witness been drinking or using any drugs?
- How was the incident reported to the police?
Criminal Defense for California Crimes
If you are being charged with a felony offense in California or a loved one is facing a hearing, you must contact a lawyer as soon as possible. This is an important step in your procedure since a lack of probable cause could even release you from a trial court. Talk to an experienced criminal defense attorney today about your case.
preliminary hearings, California can be intimidating, but knowing what to expect and having an experienced attorney can help. If you have additional questions about what happens at a California preliminary hearing or need a lawyer, contact Simmrin Law Group for a free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form