What is a Preliminary Hearing?

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” U.S. Constitution, Fourth Amendment.

The U.S. Constitution protects defendants through the Bill of Rights. One key protection, found in the Fourth Amendment, is the requirement that warrants be based on probable cause. This principle is upheld through preliminary hearings.

What Is a Preliminary Hearing?

A preliminary hearing, or probable cause hearing, happens early in a criminal case. The prosecution must prove there is enough evidence to justify the charges. The standard for probable cause is low—prosecutors only need to show there is a "substantial chance" the defendant committed the crime. This allows evidence that might not be admissible at trial.

How Does It Work?

A judge listens to the prosecution's evidence and decides if probable cause exists. If so, the case moves forward, possibly to trial. The defendant has the right to an attorney and can cross-examine witnesses. If the prosecution fails to meet the probable cause standard, the judge dismisses the case. However, in most cases, the prosecution succeeds.

Why It Matters

Preliminary hearings help prevent weak cases from going to trial and protect defendants’ rights. While a defendant can waive this hearing, it can provide valuable insights into the prosecution’s case. In some instances, a case can even be won at this stage if the evidence is insufficient.

Conclusion

Preliminary hearings play a crucial role in the legal process. Defendants should carefully consider their rights and consult with an attorney before making decisions about their case.

If you or someone you love has recently been charged or arrested, please contact our office at 816-787-1979 to discuss your case and what options you may have.