Define: Preliminary Hearing

Preliminary Hearing
Preliminary Hearing
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Quick Summary of Preliminary Hearing

A preliminary hearing, also known as a preliminary examination or probable cause hearing, is a pre-trial proceeding held in criminal cases to determine whether there is sufficient evidence to proceed to trial. During the preliminary hearing, the prosecution presents evidence and witnesses to demonstrate that a crime has been committed and that there is probable cause to believe the defendant committed the offence. The defence has the opportunity to cross-examine witnesses and challenge the evidence presented. The judge then evaluates the evidence and decides whether there is enough probable cause to proceed to trial. If so, the case is bound over for trial in a higher court. If not, the charges may be dismissed, or the case may be sent back for further investigation. Preliminary hearings serve as a safeguard to protect defendants from unfounded accusations and ensure that only cases with sufficient evidence proceed to trial.

What is the dictionary definition of Preliminary Hearing?
Dictionary Definition of Preliminary Hearing
n. in criminal law, a hearing to determine if a person charged with a felony (a serious crime punishable by a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime. A preliminary hearing is held in the lowest local court (municipal or police court), but only if the prosecutor has filed the charge without asking the Grand Jury for an indictment for the alleged crime. Such a hearing must be held within a few days after arraignment (presentation in court of the charges and the defendant's right to plead guilty or not guilty). Since neither side wants to reveal its trial strategy, the prosecution normally presents only enough evidence and testimony to show the probability of guilt, and defendants often put on no evidence at all at the preliminary hearing, unless there is a strong chance of getting the charges dismissed. If the judge finds sufficient evidence to try the defendant, the case is sent to the appropriate court (variously called superior, county, district, common pleas) for trial. If there is no such convincing evidence, the judge will dismiss the charges. In the "Perry Mason" television series, the courtroom scenes were almost always of preliminary hearings.
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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

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