Mississippi Criminal and Family Law BlogIf you or someone you care about has been charged with a crime, you may have heard the term “preliminary hearing.” This can be a confusing part of the criminal justice process, especially if it’s your first experience with the court system. At our law firm, we believe in making things clear and understandable. So let’s break down what a preliminary hearing is, why it happens, and what you can expect.
What Is a Preliminary Hearing?
A preliminary hearing is a court proceeding that takes place early in a criminal case. It usually happens after someone has been charged with a felony offense. This hearing is not the trial. No one is found guilty or innocent during a preliminary hearing. Instead, the purpose of a preliminary hearing is to determine whether there is enough evidence for the case to get sent to the grand jury for indictment. Think of it as a legal “checkpoint” that helps prevent weak or unfounded cases from moving forward.
What Happens at a Preliminary Hearing?
During the hearing, the prosecutor (the state’s attorney) presents evidence and may call witnesses to testify. Their goal is to show the judge that there is probable cause — a reasonable basis — to believe that a crime was committed and that the defendant (the person charged) was involved.
The defense attorney can also ask questions, cross-examine witnesses, and challenge the evidence. However, unlike a trial, the defense usually does not present their full case or call their own witnesses at this stage.
In most cases, the judge alone decides if the case should move forward. There is no jury at a preliminary hearing.
Why Is a Preliminary Hearing Important?
A preliminary hearing serves a few important purposes. It checks the prosecutor’s case and ensures that the charges have some solid evidence behind them. It protects the defendant’s rights, because if the evidence is weak or flawed, the judge can dismiss the case or reduce the charges. Most importantly, it gives both sides a preview of the strengths and weaknesses of the case before trial.
What Can Happen After a Preliminary Hearing?
There are a few possible outcomes after the hearing:
- The case moves forward: If the judge finds probable cause, the case is sent to the grand jury and continues toward trial. This is called being “bound over” for trial.
- The case is dismissed: If the judge decides there isn’t enough evidence, the charges can be dismissed. However, this doesn’t always mean the case is over — the prosecutor may refile charges later if more evidence is found.
- The charges are reduced: Sometimes a felony can be reduced to a misdemeanor, which usually carries lighter penalties.
Do I Need a Lawyer for a Preliminary Hearing?
Absolutely. Having a skilled criminal defense attorney at your preliminary hearing is crucial. Your lawyer can challenge weak evidence, question witnesses, and make arguments to help get charges dropped or reduced. This early stage of the process can have a big impact on how your case unfolds, so it’s important to have strong legal support.
A preliminary hearing is a key part of the criminal process in felony cases. It gives the court a chance to make sure the case should move forward, and it gives you and your attorney valuable insight into the evidence against you. If you or someone you know is facing a preliminary hearing, don’t go through it alone. Contact our experienced legal team today — we’re here to help protect your rights every step of the way.