What to Expect During Preliminary Hearings in Criminal Cases

What Is a Preliminary Hearing and What Happens During It?

Depending on the nature of the charges against you, your criminal defense process might include a preliminary hearing. This special hearing serves a specific purpose, and it can be important to understand why this hearing is required and what type of strategy can support a positive outcome at this stage in the criminal law process.

The Purpose of a Preliminary Hearing

First, it’s important to understand the purpose of the initial appearance vs. preliminary hearing. An initial appearance is often the first time someone appears in court when they are facing criminal charges. Usually, this occurs within 24 hours of the arrest, unless the arrest is on the weekend, which can delay the initial appearance by a day or two.

During this initial appearance, prosecutors officially file any charges. In many cases, bail is also set during this hearing, which means you may be able to get released on bail after this hearing and pending any further hearing or trial. In some cases, you may be able to plead guilty at the initial if desired, but some cases require other steps even if you plan to plead guilty.

In contrast, the preliminary hearing is held within a week or two—usually around 10 days—of an arrest. This hearing is used to help the court determine whether there is enough evidence to support pursuing charges further. The preliminary hearing is not required; a defendant can choose to waive this hearing, in which case it’s assumed the matter will go to the Superior Court.

Notification and Scheduling

You may receive the date and time of your preliminary hearing at your initial appearance. If this is not the case, you will be notified via mail of the date, time, and location of the preliminary hearing. Typically, preliminary hearings are scheduled fairly quickly following the initial arrest and appearance. You can expect a hearing to occur within a couple of weeks, though court schedules, holidays, and other matters may delay things in some cases.

Keeping track of all hearings and other court meetings related to your charges and case is critical to success. Not showing up for a hearing when you’re required to be there can increase the risks of a negative outcome for your case and could even lead to more legal issues.

A Judge’s Duties During a Preliminary Hearing

During a preliminary hearing, the judge oversees the court and processes as in other court hearings. The judge ensures legal procedures are followed during the hearing and assesses evidence in the case to make a decision about whether the matter should move forward.

A Prosecutor’s Role in the Preliminary Hearing

The prosecutor presents evidence at a preliminary hearing. Typically, they only present enough evidence to demonstrate to the judge that there is adequate information to support going forward with the case. While the prosecutor can call witnesses, testimony at preliminary hearings is often limited to that of an investigating police officer.

Do You Need a Defense Strategy for the Preliminary Hearing?

Yes, it’s important to have a strategy going into the preliminary hearing. Whether or not you have the hearing is a strategic decision, for example, and you may want to cross-examine witnesses or present information at the hearing to show that there isn’t actually enough evidence to support the charges. This is typically the type of work your criminal defense attorney handles on your behalf.

What Are Some Possible Outcomes From a Preliminary Hearing?

At a preliminary hearing, the court can typically make decisions such as:

• Reducing or dismissing charges. The court can decide to reduce or dismiss one or more charges being brought against you as a result of a lack of evidence in the case. This can substantially improve the chances of a positive outcome in the case.
• Send the charges on. The court can decide that there is enough evidence in the case for it to move forward toward trial.
• Review and reduce bond requirements. If you are still in jail or prison at the time of the preliminary hearing because bail wasn’t set or it was too high for you to meet, the court may be able to set or reduce previously set bond requirements. This can help you seek temporary release while your case is in motion, though this type of outcome is not guaranteed.

Benefits of Working With a Criminal Law Attorney

An experienced criminal law attorney works on your behalf throughout the timeline of your case to protect your interests and create a strategy that supports an increased chance at a positive outcome. Your lawyer can help you understand potential goals and strategies for the preliminary hearing and may be able to argue on your behalf to have the charges reduced or dropped. In some cases, you might be able to resolve a case at the preliminary hearing stage by getting charges dropped to a misdemeanor, for example.

If you are facing criminal charges—or someone you love has been arrested and charged with a crime—it’s never too early to start working on a defense strategy. To get experienced help with your case, contact Abram & Hutchison today. Call our office at 302-405-7010 to talk to a lawyer about your case and get experienced representation for your preliminary hearing and beyond.