Legal Definitions - bindover hearing

A bindover hearing, also commonly known as a preliminary hearing, is a crucial stage in the criminal justice process, typically reserved for felony cases. Its primary purpose is for a judge to determine if there is sufficient evidence, referred to as "probable cause," to believe that a crime was committed and that the defendant committed it.

If the judge finds probable cause, the case is "bound over" or sent to a higher court (such as a superior or circuit court) for further proceedings, including an arraignment and a potential trial. If probable cause is not found, the charges may be dismissed at this early stage. This hearing is not a trial to determine guilt or innocence, but rather a screening process to ensure that there is a reasonable factual basis to proceed with serious criminal charges.

• Example 1: Felony Drug Trafficking

  Imagine a scenario where Ms. Rodriguez is arrested and charged with felony drug trafficking after law enforcement found a large quantity of illegal substances and cash in her possession. Before her case can proceed to a full trial, a bindover hearing would be scheduled.

  During this hearing, the prosecutor would present evidence such as testimony from the arresting officers, laboratory reports confirming the identity of the drugs, and possibly surveillance footage. Ms. Rodriguez's defense attorney would have the opportunity to cross-examine witnesses and argue that the evidence does not meet the probable cause standard. The judge's role is not to decide if Ms. Rodriguez is guilty, but only to determine if there is enough credible evidence to reasonably believe that she committed the felony drug trafficking. If the judge finds probable cause, the case is "bound over" to the higher trial court; otherwise, the charges might be dismissed.

• Example 2: Aggravated Robbery

  Consider Mr. Thompson, who is accused of aggravated robbery after a convenience store was held up at gunpoint. Following his arrest and initial appearance, a bindover hearing would be held.

  At this hearing, the prosecution might call the store clerk to testify about the incident, introduce security camera footage, and present forensic evidence collected from the scene. The defense attorney would challenge the identification of Mr. Thompson, question the reliability of the evidence, or argue that the probable cause threshold has not been met. The judge would then evaluate whether the evidence presented establishes a reasonable belief that Mr. Thompson committed aggravated robbery. If sufficient probable cause is found, the case will be transferred to a higher court for further proceedings, including a potential jury trial.

• Example 3: Grand Theft Auto

  Let's look at a case involving Mr. Lee, who is accused of grand theft auto after a luxury car was stolen from a dealership lot. After his arrest, a bindover hearing would be convened.

  In this hearing, the prosecutor would likely present evidence such as witness testimony from dealership employees, GPS tracking data from the stolen vehicle, and potentially fingerprints or other forensic evidence linking Mr. Lee to the crime. The defense would challenge the accuracy of the witness statements, question the chain of custody for the evidence, or argue that the evidence does not conclusively point to Mr. Lee's involvement. The judge's task is to decide if the presented evidence creates a reasonable belief that Mr. Lee committed grand theft auto. If probable cause is established, the case will be "bound over" to a higher court for a full trial, where the ultimate determination of guilt or innocence will be made.