What is involved in a preliminary hearing?
The preliminary hearing differs from a first appearance in several regards.
The government must demonstrate to a judge or magistrate that there is sufficient evidence, or probable cause, to believe the suspect committed the crime with which he or she is charged. Defendants usually must be present at this hearing, although they do not commonly offer evidence in their defense. Victims seldom appear at preliminary hearings. Often, there is just one witness, the police officer who investigated the crime or who arrested the defendant. This procedure has a similar function to grand jury proceedings, in that it is a safeguard against unfettered government action.
If the court finds there is no probable cause, the matter is dismissed (this would be the equivalent of a grand jury declining to press charges). If this happens, defendants are released.
If the court finds there is probable cause, as is usually the case, the matter is transferred to trial court. Many courts use the term bound over, as in "the defendant is bound over to the district or circuit court for trial."
Bail is continued or reset at a different amount because of evidence that came out in the preliminary hearing.Note that in the federal system, the government can prosecute for felonies only by obtaining an indictment voted upon by a grand jury. If you are indicted by a grand jury, you have no right to a preliminary hearing because the grand jury has already determined that there is probable cause to believe you committed the offense you're charged with.
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