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Home >  Criminal >  Criminal Law

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If you were charged with a felony and are going to trial, your next appearance will most likely be a preliminary hearing. Many states use the Grand Jury indictment system. A preliminary hearing must he held soon after the arraignment date.

In some courts, there may be a conference scheduled prior to the preliminary hearing. This conference is a chance for the prosecutor, your criminal defense lawyer and the judge to discuss possible resolution of your case.

The preliminary hearing is the first real opportunity for your attorney to refute the State's evidence against you before going to trial. At the preliminary hearing, "hearsay" (any out of court statement) is inadmissible. Therefore, the alleged victim may not take the stand; rather, the police officer who took the report may take the stand and say what that victim would say if called to testify. At the preliminary hearing, the judge will determine whether or not there is probable cause to believe that a crime has been committed and if so, whether or not the defendant committed that crime.

The standard of proof at a preliminary hearing is quite low and it is unusual to win outright a preliminary hearing. Rather, your criminal defense lawyer will use the preliminary hearing to lock down the testimony of key witnesses and determine inconsistencies in the prosecution's case. If you are going to trial, and do not have a lawyer, you are encouraged to consult with a criminal defense lawyer.