The U.S. criminal justice system has a set order to how it processes crime and punishment. Every potential criminal is given the right of due process of the law, in which he/she is innocent until proven guilty by a prosecutor. One of the integral preliminary parts to every criminal case is what is called, a “preliminary hearing, or a trial hearing before the trial. In a preliminary hearing, the proper jurisdictional court decides if there is enough evidence in a criminal case for a future court trial. In this discussion, we offer a full definition of a preliminary hearing, as well as explain the significance preliminary hearing in the criminal processing of a defendant in the legal system.
In order to get a grasp on just what a preliminary hearing of this kind is and how preliminary hearing fits into the criminal due process of the law, it is valuable to understand what is preliminary to the existence of a preliminary hearing in any criminal case. Basically when a potential criminal is charged and arrested for a crime, he/she is typically held by law enforcement until their arraignment hearing. The arraignment hearing comes prior to the preliminary hearing, and is the first instance in which the defendant is brought before a court for the possible commission of the crime in question. In an arraignment hearing, the judge formally states the charges against him/her and asks for a preliminary public plea of guilty or not guilty (or no contest) from the defendant. Depending on this preliminary plea, will determine the existence of a preliminary hearing. Moreover, prior to the preliminary hearing, the judge will ask if the defendant has his/her own legal representation, and will determine the bail amount according to the charges drawn. If the defendant offers a not guilty statement, the judge will then set a date for what is called the preliminary hearing of a court trial. Conversely, if the defendant offers a guilty plea, then there will be no need for a preliminary hearing, and the judge can proceed with sentencing and so forth.
Which brings us to the main topic of this discussion, the definition and significance of the preliminary hearing to a criminal case in the criminal justice system. Within the process of a preliminary hearing, there are a number of preliminary legal actions that are put forth. The ultimate purpose of the preliminary hearing is for the judge to determine if there is enough evidence-or probable cause that the defendant committed the crime-to make him/her stand trial subsequent to the preliminary hearing. This preliminary hearing is a mini-trial in which the prosecutor must put forth enough evidence to show that there is probable cause for the scheduling of a trial date. Conversely, in a preliminary hearing, the defendant’s attorney will try to disparage any and all evidence set forth as not enough likelihood connecting the defendant with the commission of the crime. To this end in the preliminary hearing, the prosecutor will likely submit copies of the police report from the scene of the crime, toxicology reports as they apply, witness accounts, related physical evidence and any other documents that act as demonstrative evidence against the defendant’s plea of not guilty. Formal arguments are also presented from both sides of the case in a preliminary hearing-from the government prosecutor and the legal representation of the defendant. Moreover, in a preliminary hearing, the defendant’s attorney is given the opportunity to cross-examine the prosecutor’s witnesses in an effort to disparage testimony against the defendant. If the defendant’s attorney is successful in disproving probable cause between the defendant and the crime committed, through any of the actions in a preliminary hearing, the judge will dismiss the criminal case and all charges against the defendant, and the preliminary hearing will be concluded. If, on the contrary, the prosecution is successful in presenting probable cause in the preliminary hearing, the judge will rule that the case go to a formal court trial, and will set a date for it, subsequent to the preliminary hearing.
While this is the standard for the processing of criminal cases according to the preliminary hearing, it is not always the case according to the jurisdiction in which the criminal case is heard. Depending on the state in which the not guilty plea is offered, the preliminary hearing process could be altered to only have a preliminary hearing when a felony charge is being considered. Moreover, some states, instead of using only a judge to decide if there is probable cause for a trial, will use a grand jury (a panel of citizens selected randomly)to determine the same.