For an event that can have a major impact on the outcome of a criminal proceeding, a preliminary hearing has a rather minor-sounding name. It's one of the key moments in a case for several reasons, especially the fact that the state now has to tell a judge why it thinks it has a case that can hold water. For a criminal defense lawyer, this is the first good chance to possibly punch some holes in the case or even try to get it thrown out.

Defendants can often struggle to keep up with what's going on. It's a good idea to know what you'll be walking into when you face a prelim.

Nothing About Guilt or Innocence

The question of a person's guilt is not on the docket at a preliminary hearing. In most cases, an arraignment hearing should have taken place more than a few days before a prelim starts. There won't be a jury at this time, but there will be a judge whose only goal is to figure out whether the case has any merit and should be allowed to move forward.

Showing Probable Cause

At its core, proving that there was probable cause that justified police or prosecutorial actions is what the preliminary hearing is all about. Bear in mind that this is vastly different than the standard of evidence that is expected at a regular trial. At trial, the prosecution must prove its case "beyond a shadow of a doubt." During the preliminary hearing, the prosecution merely has to show that a reasonable person with an understanding of the law would believe there's a good chance that the alleged criminal act occurred and the defendant did it.

Introduction of Evidence and Testimony

Key pieces of evidence are presented to build up an argument. In a robbery case, for example, the prosecution might introduce a piece of evidence like a gun that was recovered close to the crime scene. The prosecution cannot ambush you with the introduction of evidence. If they intend to present something, they have to send your criminal lawyer notice as part of the discovery process so they can investigate its legitimacy.

Testimony from witnesses may also be introduced. A cop might be asked to testify about why they filed an affidavit or a friend of the defendant might explain that they saw them somewhere else at the time of the crime.

Share