When someone is accused of a crime, things can get really confusing and scary fast. There are a lot of rules, and most people don’t know what to do first. One of the first things that happens in a criminal case is something called a preliminary hearing. This is not the same as a trial.
A preliminary hearing is more like a check to see if there is enough evidence to move forward. The judge listens to the evidence and decides if the case should continue or be dismissed. It’s important because it gives the defense lawyer a chance to see what the other side is saying and to start helping their client.
These are some of the ways a lawyer can use preliminary hearings to help your case:
Extensive Cross-Examination
Lawyers get to cross-examine witnesses in the presence of the judge. Anything that is said goes on record. Later, if the case goes to trial and the witness says something different, the lawyer can use the answers from the preliminary hearing to challenge them.
It’s smart because sometimes people forget what they said, or they might try to change their story. Having it written down from the preliminary hearing can help a lawyer argue that their client didn’t do what they’re accused of.
That’s why experienced lawyers take this seriously, even though it’s not the actual trial.
Presenting Evidence
Lawyers can also show their own evidence at the preliminary hearing. That means they can call witnesses or show stuff that proves the client might not be guilty, or that the charges should be smaller.
The law even allows the client to present evidence that might prove a defense, such as self-defense, or that part of the crime didn’t occur as the prosecutor claims. So, the preliminary hearing is a real chance to fight back before the trial even starts.
Reducing Charges or Bail
Sometimes lawyers can use the preliminary hearing to get bail lowered. They can also use it to convince the judge to lower the charges.
Lawyers can even help negotiate with the prosecutor after the preliminary trial to settle the case before trial. That’s called a plea deal, and it can save a lot of time and stress for everyone.
Discovery and Learning the Prosecution’s Case
Another huge thing is that lawyers can see what the prosecutor has. In civil cases, they usually get to ask questions in depositions, but in criminal cases, that’s rare.
The preliminary hearing is similar to a deposition. Lawyers can hear what witnesses say and figure out where the holes are in the case. That way, they can prepare better for trial or motions later.
Sometimes lawyers don’t even object to questions in the preliminary trial because they want answers. It’s not about winning. It’s about learning what the state has and seeing how to fight it later. Knowledge is power, and this hearing gives the lawyer a lot of it.
What Happens After the Preliminary Hearing
After the preliminary hearing, the judge has several choices. They can:
- Confirm the charges, meaning the case goes to trial.
- Reduce the charges if they are too serious.
- Dismiss the charges if there isn’t enough evidence.
- Change the bail amount if the defendant is in jail.
Even if the charges are confirmed, the hearing gives the defense information to prepare for trial. Sometimes, after the hearing, the other side changes their mind. They might offer a plea deal, which means the person agrees to a smaller problem so they do not have to go to trial at all.
Key TakeawaysÂ
- The preliminary trial is not the main trial, but it’s just as important. Plus, there are several benefits for the accused.
- Lawyers usually use preliminary hearings as an avenue to cross-examine any potential witnesses and weigh the evidence the other party has.
- The judge decides during the preliminary hearings if there is enough evidence for the case to actually proceed.
- A good lawyer can help reduce the charges for the accused.
Sometimes, a preliminary hearing helps to stop a lengthy trial from happening entirely.