Preliminary Hearing

The preliminary hearing is a chance for the prosecutor to demonstrate to the judge that there is a valid case. This means the prosecutor needs to show to the court that there is enough evidence and facts to support going forward with the case. The prosecution will generally present the victim as a witness and any arresting officers. If they have other information/evidence the prosecution will likely present it at this time as well.

The standard of proof for a preliminary hearing is much lower than the standard needed to prove guilt at trial (beyond a reasonable doubt). The prosecution need only show that there is probable cause that the defendant committed the alleged crime.

This is also a stage in which the defendant can attack the credibility or viability of the prosecutions case. The defendant is not able to present any witnesses or evidence in their favor at this point, but he or she can cross-examine the various witnesses presented by the prosecution.

There is a possibility at this point for the whole case to be over, if the prosecution is unable to meet their burden. The prosecution can dismiss the case with leave to file later or can dismiss the case completely. The other possibility is that the judge does not believe the prosecution has met their burden and the case can be dismissed by the judge. This is rare.