If you or someone you know has recently been charged with a crime, they will be scheduled for a “preliminary hearing.” The words sound just like what they mean; a meeting with the judge, your attorney, and the prosecutor to determine if, before anything else, there is enough evidence to even cast reasonable suspicion on the accused. This hearing a crucial first step in criminal procedure, and takes place even before the first motion is filed.
A preliminary hearing is an evidentiary hearing, at which the prosecutor shows the judge or magistrate all of the evidence he or she has against the accused. The preliminary hearing does not involve a jury, and evidence that is admitted in the preliminary hearing may be objectionable and excluded at trial itself.
The purpose of a preliminary hearing is to determine whether there is any reason to believe that a crime was committed, and that the accused may have been the one who committed that crime. This is the time when a good attorney may be able to help the accused. A good attorney should look for flaws in the prosecutor’s progression of the crime, the evidence the prosecutor has of the commission of a crime, and the manner in which the prosecutor acts so that the attorney can determine if a plea bargain may be the best option for the accused.
A preliminary hearing is also a good testing ground for you to see how the attorney you have hired works. If the attorney takes the hearing seriously, and is diligent in his defense even at the preliminary hearing, then you have an attorney who, at the very least, is going to try hard to help you. If your attorney does not seem to be taking the hearing seriously or is unprepared, you may wish to consider another attorney before you get too far into the case. Some attorneys do not utilize opportunities to attack the case at the preliminary hearing, and you need to keep an eye out for this lazy kind of lawyering.
If you have an impending preliminary hearing, don’t wait until you get to court and hear from the judge that you’re headed to trial before hiring an attorney. Preliminary hearings are important, and are stressful for an accused person. Do not try to handle it alone: you deserve every opportunity for a great defense.