A judge will ask questions to determine whether the prosecution has sufficient evidence to proceed with a case at a preliminary hearing in California. During your hearing, the prosecution will present key evidence supporting the charges filed against you.
A Los Angeles criminal defense lawyer can explain in detail what happens at a preliminary hearing in California. Since preliminary hearings only apply to felony criminal prosecutions, you should hire a lawyer as soon as possible.
What Happens During a Preliminary Hearing in California?
A preliminary hearing (or pre-trial hearing) decides whether there is enough evidence to proceed with a criminal case. As such, it’s held before a trial and in front of a judge, and you cannot be found guilty at this point. A judge might not allow charges to proceed if:
- There was no probable cause for arrest
- The police did something wrong during their investigation (like illegally searching someone’s home)
- The police did not follow proper procedures during the questioning of witnesses
A preliminary hearing can benefit your case. A criminal defense attorney can use your pre-trial hearing to find out which evidence the prosecutors hold, cross-examine witnesses, and contest your charges in felony cases.
What to Expect During a Preliminary Hearing in California
Both the prosecution and defense present their evidence and witnesses. The standard of proof is lower than it is during 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.
Initially, the prosecution presents evidence that they have to use against you. They can call witnesses and use witness testimony to support their case.
Next is the cross-examination stage. Your attorney has the opportunity to examine the prosecution’s witnesses and evidence. From here, the judge decides whether there is enough evidence to hold a jury trial or if they can dismiss your case.
Can You Be Sent to Jail After a Preliminary Hearing?
No. Even though a preliminary hearing is usually the beginning of a longer process, the court cannot convict or sentence you at one.
For a free legal consultation, call (310) 896-2723
When is a Preliminary Hearing Held?
A preliminary hearing usually takes place within 10 days of your arrest, though it may be delayed.
Your lawyer may advise you to waive a preliminary hearing for strategic reasons. This decision is rare, as preliminary hearings often help attorneys develop more effective legal strategies. Your attorney can also explain the probable cause hearing process and your legal rights at a pre-trial hearing under California law.
Find out more about what happens at a felony pre-trial hearing with a legal professional.
Your Rights at a Preliminary Hearing
During your hearing, you have the right to present witness testimony and question and cross-examine witnesses. Also, you can have a criminal defense lawyer represent you during your hearing.
Obtaining legal representation is the most effective way to ensure that your rights are protected as you navigate the legal system.
Do not let the prosecution bombard you at your hearing. Build a strong legal defense with help from an experienced criminal defense attorney serving Los Angeles. Your lawyer will explain what happens at California preliminary hearings and make sure you know what to expect as your legal proceedings move forward.
What Happens After a Preliminary Hearing?
Your case will most likely proceed to trial after a pre-trial hearing. In this case, all further proceedings regarding your criminal charges will move to a trial court within the next 15 days. You must appear at a new arraignment (or hearing) if you face additional charges.
However, the hearing may also end with:
The Dismissal of Your Charges
An experienced defense attorney can take the opportunity to prove there is insufficient evidence to use against you and get your charges changed or dropped. If this happens, no further hearings are necessary.
The court may also dismiss your criminal charges if the prosecution cannot demonstrate probable cause. A dismissal can happen due to the court’s findings, a lack of physical evidence against you, or your lawyer’s intervention.
The Accrual of Additional Charges
If the prosecution argues that you committed other offenses, you may have more charges added to the original complaint.
The Reduction of Your Charges
In some cases, the court may reduce felony charges to misdemeanors. If you don’t have any prior convictions or if a judge finds your offense to be minor, they can reduce your felony charges to misdemeanor charges.
Hiring a lawyer with experience in preliminary hearings makes a significant difference. This attorney is familiar with the rules of evidence and their application to your hearing. They will work diligently to help you get a favorable outcome through the criminal justice system.
Complete a Free Case Evaluation form now
Other Benefits of a Preliminary Hearing: Resolving a Case by a Negotiated Plea
A preliminary hearing provides prosecutors and defendants with an opportunity to assess how a trial will proceed. In many cases, that could mean the difference between the parties discussing plea bargains. After examining physical evidence, defense witnesses, and other relevant information, the parties may initiate plea negotiations.
Sometimes, the defendant or prosecutor realizes they don’t have a strong enough case to go to trial. At this time, they decide to settle for a plea deal rather than discuss the criminal charges at trial. The parties can negotiate a plea agreement, and if this happens in your case, you may be able to accept lesser charges than those you initially faced.
A criminal defense attorney who has a wealth of legal experience will know when it is time to negotiate a deal on your behalf.
What is the Main Purpose of a Preliminary Hearing?
According to the Department of Justice, a preliminary hearing can defend your rights against any unfounded criminal accusation, ensuring that 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. A lawyer can also explain what you should expect at a pre-trial hearing.
Can You Waive Your Preliminary Hearing?
Under exceptional circumstances, your lawyer may suggest you waive your preliminary hearing. In most cases, your hearing represents your best chance of developing a solid defense.
Can You Be Set Free for Good After a Preliminary Hearing?
Yes. It is possible that your attorney can point out inconsistencies, such as a lack of witnesses, no probable cause for arrest, or poor procedures during the questioning of witnesses.
Criminal Defense for California Crimes
So, what happens at a preliminary hearing in California? At these hearings, judges listen to evidence and determine whether or not to proceed with a felony charge.
If the court charges you with a felony offense in California or a loved one is facing a pre-trial hearing, contact a criminal defense law firm. Getting help is an essential step in your procedure since a lack of probable cause could help you avoid having to go to a trial court. Talk to an experienced criminal defense lawyer about your case.
If you have questions about what happens at a California preliminary hearing or need a lawyer, Simmrin Law Group can help. Request a case consultation with our legal defense team today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form