Most criminal matters do not reach a jury trial. Attorneys often negotiate or dismiss pending matters before it reaches that point. However, in certain situations in which there are unsettled disputes of fact or where no agreement can be reached, a jury trial may become necessary.

In felony matters, before diving into a jury trial, the courts look to see if there is enough evidence to proceed with a trial. The way they do this is to have a Preliminary Hearing beforehand in which witnesses are called to testify and evidence is presented – like a mini-trial. Preliminary hearings essentially serve to save the court’s time and resources by weeding out matters that would be a waste to take to trial.

A matter may be a waste if there simply isn’t enough evidence to show that a crime had even been committed. For this reason, a preliminary hearing only looks to see if there was enough “probable cause” to believe that a crime had been committed. This is a low standard of proof; the prosecution does not have to prove “beyond a reasonable doubt” that a crime had been committed. All that is required is “enough” to reasonably believe that all the elements of a crime are present. For this reason, it is very unlikely that a defendant will prevail in a preliminary hearing; however, it is still worth pursuing because there is always the possibility that the court will find that there isn’t enough to move forward with trial. If this is the case, then the charges can be reduced or dismissed altogether.

Preliminary hearings are only available for felony charges, so misdemeanor charges do not get preliminary hearings. You have a right to have a preliminary hearing within 10 court days or 60 calendar days after your arraignment hearing (where you enter your plea of “guilty” or “not guilty”). It is possible to have your preliminary hearing beyond this time period, but you will need to waive time in order to do so.

A preliminary hearing is a very important proceeding in a pending criminal matter. It would be very unwise to proceed with a preliminary hearing without a criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you achieve the best possible outcome. Call us today at 877-230-1528 or visit us online at www.wklaw.com. We will be there for you when you call.