If you are preparing for a preliminary hearing in California, it is important to know the next steps. And if this is your first time facing the accusation process, our first suggestion is to find legal representation if you don’t have it.
While a preliminary hearing can sound intimidating, there are fewer things to worry about at this stage. First, you must 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 dropped or dismissed. In those cases, no further hearings are necessary. Talk to a criminal defense attorney from the Simmrin Law Group today about your case.
What Is a Preliminary Hearing?
According to California Courts, a preliminary hearing is an arrangement (or pre-trial hearing) that decides whether or not 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:
- If there was no probable cause for arrest
- If the police did something wrong during their investigation (like illegally searching someone’s home)
- If they didn’t follow proper procedures during the questioning of witnesses
These hearings can also be beneficial to your case. An experienced attorney can use them 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?
You are entitled to a preliminary hearing if arrested for a misdemeanor or felony crime in California. And 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 it was you
Your lawyer can advise you to waive the preliminary hearing for strategic reasons. However, this is rare since preliminary hearings can help develop a better defense. Let the criminal defense lawyers at the Simmrin Law Group fight for your rights today.
You Do Have Rights at a Preliminary Hearing
Getting legal representation is important because that is the best way to ensure your rights are respected. During a preliminary hearing, you have the right to be represented by a lawyer, confront and cross-examine witnesses, and present witnesses on your behalf.
Your lawyer will also question the evidence against you. They will plea for the case to be dismissed if it’s insufficient. The team at the Simmrin Law Group has experience fighting for those who are facing criminal charges.
Do not let the prosecution bombard you at the hearing. Build a strong defense with a member of our team.
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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.
- The prosecution will present its case: 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 it also can help 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 trial or if they can dismiss the case.
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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 case, your next step should be preparing a pre-trial motion. While most preliminary audiences 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 get 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 get dismissed.
- You are found to have committed other offenses: That could happen as a result of the evidence presented by the prosecutors. In those cases, more charges can get 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 not-so-severe, 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 case to go to trial and decide to settle for an arrangement. An experienced criminal defense attorney will know when it is time to negotiate a plea deal on your behalf, explaining 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, getting 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 elements 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 argument is 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 this preliminary hearing. But it could be your best chance of developing a solid defense in most cases. Be sure you discuss the case in depth with your attorney before making the decision about waiving the preliminary hearing in the event that it is not in your best interest.
If This Is Not a Trial, Do I Need a Lawyer?
Even if this is not a trial, a lawyer can mean the difference between facing a trial court and walking home. 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 a very 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 can be confusing, 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 your case, contact the Simmrin Law Group.
Call or text (310) 896-2723 or complete a Free Case Evaluation form