A preliminary hearing functions as a mini-trial.
If you are charged with a crime in California, you will soon learn more about the criminal justice system than you ever wanted to know. This includes the steps in a criminal case. For individuals facing felony charges, one of the most important steps is the preliminary hearing, or prelim.
In California, preliminary hearings are required in all felony cases. As a felony defense lawyer in Rancho Cucamonga, CA can explain, the purpose of this hearing is for the judge to decide if there is enough evidence for the case to move forward to trial. Prelims are an important step of the process where your defense attorney can start to develop a strategy for your case.
At a preliminary hearing, each side will have an opportunity to put forth evidence regarding the charges filed against the defendant. In many ways, a preliminary hearing is like a mini-trial. The prosecutor introduces evidence, such as witness testimony and physical evidence (documents, videos, and more) to persuade the judge that there is probable cause for the charges. In most cases, the prosecutor will ask a qualified law enforcement officer to testify. This officer can offer hearsay evidence, which is typically not allowed during a regular trial.
After the prosecutor has put on their case, then the felony defense lawyer in Rancho Cucamonga, CA will have their opportunity to convince the judge that the defendant should not stand trial. The defense attorney may cross examine the prosecution’s witnesses and introduce their own witnesses and physical evidence. This hearing is a good opportunity for a defense attorney to preserve a witness’ testimony, build a foundation to impeach the state’s witnesses, and to determine the strengths and weaknesses of a case, which may be helpful in negotiating a plea. For example, if a defense lawyer cross examines the prosecution’s main witness and that person crumbles during their testimony, they might be able to use that fact to convince the prosecutor that they won’t win at trial — and that a reduction or dismissal of charges is appropriate.
During a preliminary hearing, the burden of proof is on the prosecutor to show that there is enough probable cause to show that a crime was committed, and that the defendant is the person who committed that crime. Probable cause is a lower standard of proof than what is used in a criminal trial, beyond a reasonable doubt. Essentially, probable cause is established if there is enough evidence to show that the defendant likely committed the charged crime.
If the judge finds that there is probable cause to support the charges, the case will be set for trial. Otherwise, the charges will be dismissed.
Preliminary hearings can be stressful for a defendant, but they are an important and necessary part of the process. If you have been charged with a crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a consultation with a felony defense lawyer in Rancho Cucamonga, CA.
