Preliminary Hearing
- This is a probable cause hearing. Probable cause refers to the burden or level of proof required to maintain charges against the Defendant.
- Probable cause is proof that it is more likely than not that a Defendant committed the crime for which he/she is charged.
- A defendant is entitled to a preliminary hearing within 21 days of request. The request must be made within 30 days of arrest.
- If a defendant does not request a preliminary hearing, or fails to appear for the hearing, the defendant has waived his/her preliminary hearing and the case is forwarded to the Grand Jury.
- If probable case is found the case is bound over to the Grand Jury.
- If no probable case is found the case is dismissed but may be presented to the Grand Jury.
The preliminary hearing gives the defendant and his/her attorney the opportunity to hear a portion of the evidence the State has against the defendant in the case.