The questions that a judge asks during a preliminary hearing vary based on the case. A preliminary hearing, or “prelim,” allows a judge to ask questions to determine whether the prosecution has sufficient evidence to proceed with a case. A Los Angeles criminal defense lawyer can explain in detail what happens at a preliminary hearing in California.
During your hearing, the prosecution will present key evidence supporting the charges filed against you. Since preliminary hearings only apply to felony criminal prosecutions, you should hire a lawyer as soon as possible. Remember, your future may be on the line, and your attorney will help you in any way they can.
What Is a Preliminary Hearing?
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. The judge decides if there is enough evidence to hold you for trial, and here are reasons why a judge might not allow charges to proceed:
- 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 also benefit your case. For example, you face a felony drug charge. In this scenario, a drug crime lawyer serving Los Angeles can use your pre-trial hearing to find out which evidence the prosecutors hold, cross-examine witnesses, and contest your felony offense.
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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 may advise you to waive a preliminary hearing for strategic reasons. This is rare since preliminary hearings often help attorneys develop better legal strategies. Your attorney can also explain what is the probable cause hearing process and your legal rights at a pre-trial hearing.
Your Rights at a Preliminary Hearing
Getting legal representation is important because it is the best way to ensure that your rights are respected. 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.
Your lawyer can also question the evidence against you. They will determine if the prosecution meets the burden of proof. If not, your attorney will ask for your case to be dismissed.
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 Will Happen 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 they have to use against you. They can call witnesses and use witness testimony to support their case. For example, you are charged with driving under the influence (DUI), and one of your passengers can serve as a witness who claims they saw you drinking before getting behind the wheel.
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.
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What Happens After a Preliminary Hearing?
The most common outcome of this legal process is to get bound over for trial. However, 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.
Alternatively, the most probable outcome is to get charged. In this case, all further proceedings regarding your criminal charges will be moved to a trial court within the next 15 days. You must appear at a new arraignment (or hearing) if you face additional charges.
If this is your situation, prepare a pre-trial motion. Most prelims end with a judge finding probable cause to charge you. There are instances when there are concerns about the credibility of the prosecution’s evidence and witnesses, and in these instances, the outcome is different.
Other Possible Outcomes of a Preliminary Hearing
Preliminary hearings can have various outcomes. The results depend on the circumstances of your case. Your lawyer can provide you with details about possible hearing outcomes, including:
- No probable cause is found. This can happen due to the court’s findings, a lack of physical evidence against you, or your lawyer’s intervention. In this situation, your criminal charges could be dismissed.
- Some of the charges lack probable cause, but others do. In this case, some of your original charges could be dismissed.
- You are found to have committed other offenses. This might occur as a result of the prosecutor’s evidence. If this occurs, more charges can be added to the original complaint.
- Felony charges are reduced 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 who has experience with preliminary hearings makes a world of difference. This attorney understands the rules of evidence and how they apply to your hearing. They will work diligently to help you get a favorable outcome, even if that involves entering a guilty plea.
Other Benefits of a Preliminary Hearing: Resolving a Case by a Negotiated Plea
A preliminary hearing gives prosecutors and defendants a chance to assess how a trial will develop. In many cases, that could mean the difference between the parties discussing plea bargains. After an examination of physical evidence, defense witnesses, and other 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. They can explain how this option can benefit you in the long run. Your lawyer can also help you agree to a deal that meets your expectations.
Frequently Asked Questions
Dealing with the aftermath of a criminal charge is daunting. If you have never gone through the court process before, you likely have many questions. We provide the answers you need below.
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 your hearing to prepare an affirmative defense designed to get your charges reduced or dismissed. On the other hand, a lack of preparation or new evidence presented by the prosecutor can also increase the charges or the sentence. As always, hiring a lawyer 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 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. An attorney will ensure that compelling arguments are made to show the court that the charges against you should be dropped.
Can I Waive My 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. Discuss your case with your attorney before making a decision, as it may not be in your best interest to waive your right to a hearing.
If This Is Not a Trial, do I Need a Lawyer?
A lawyer can be the difference between later facing a jury and walking free. They can also help you deal with bail and avoid incarceration or having to be in monitored home confinement while your case proceeds.
Can I Be Set Free for Good After a Preliminary Hearing?
Yes. 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. These reasons and many others can make it difficult for prosecutors to justify keeping you in custody.
Who Must Attend a Preliminary Hearing?
Only the representatives of both sides need to be present. In some cases, a police officer and other witnesses may also be required to attend.
What Questions does a Judge Ask During a Preliminary Hearing?
There are many questions a judge may ask during a preliminary hearing, such as:
- Was the accused in the company of someone else?
- What was a 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 prelim, contact a criminal defense law firm. This is an important 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.
Preliminary hearings in California can be intimidating, but knowing what to expect and having an experienced attorney can help. 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.
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