Legal Definitions - Preliminary hearing

A preliminary hearing is a crucial step in the criminal justice process where a judge reviews the evidence presented by both the prosecution and the defense. Its main purpose is to determine if there is sufficient "probable cause" – a reasonable belief that a crime was committed and that the accused person committed it – to justify proceeding with a full trial. During this hearing, both sides have the opportunity to call witnesses, present evidence, and question the witnesses of the opposing side. If the judge concludes that there isn't enough probable cause, the charges against the defendant may be dismissed, preventing the case from going to trial.

Here are some examples of how a preliminary hearing might apply:

• Scenario: Alleged Grand Theft Auto

  Imagine a situation where an individual, Mr. Davies, is accused of stealing a car. At the preliminary hearing, the prosecutor might present testimony from the car's owner, who identifies Mr. Davies from a lineup, and a police officer who found the stolen vehicle parked near Mr. Davies's home. The defense attorney might cross-examine these witnesses, perhaps highlighting inconsistencies in the owner's description or arguing that the car was found on a public street, not directly on Mr. Davies's property. The judge would then weigh this evidence to decide if there's enough probable cause to believe Mr. Davies committed grand theft auto and send the case to trial.

• Scenario: Accusation of Assault and Battery

  Consider a case where Ms. Chen is charged with assault and battery after an altercation at a public event. During the preliminary hearing, the prosecution could call the alleged victim to testify about their injuries and Ms. Chen's actions, along with a bystander who witnessed part of the incident. The defense might present a different witness who saw the event unfold differently, perhaps suggesting Ms. Chen acted in self-defense, or challenge the credibility of the prosecution's witnesses. The judge's role is to assess whether the evidence presented establishes probable cause that Ms. Chen committed the assault and battery, warranting a trial.

• Scenario: Drug Manufacturing Charges

  Suppose Mr. Rodriguez is arrested and charged with manufacturing illegal drugs after a search warrant was executed at his residence. In the preliminary hearing, the prosecutor would likely present testimony from the lead detective about the evidence found, such as chemicals, equipment, and finished product, along with lab reports confirming the substances. The defense attorney might question the legality of the search warrant, argue that the items belonged to someone else living in the house, or challenge the chain of custody for the evidence. The judge would then determine if the prosecution has demonstrated probable cause that Mr. Rodriguez was involved in drug manufacturing, allowing the case to proceed to a higher court for trial.