California’s criminal justice system follows a structured process. Cases progress through several stages, including the initial investigation and arrest, arraignment, pretrial proceedings (such as discovery, motions, and plea negotiations), a preliminary hearing, and trial. An appeal or motion for a new trial may be filed following a conviction. Among these stages, the preliminary hearing is a critical stage in felony cases that often determines how a case moves forward. It is important to be adequately represented by an experienced criminal defense lawyer for the preliminary hearing and through the entire criminal trial.
What Happens at a California Preliminary Hearing?
A preliminary hearing is a court proceeding held in felony cases where a judge determines if there is enough evidence against the Defendant to proceed to the criminal trial. The judge reviews the evidence presented by the Prosecution and decides whether probable cause exists to believe the Defendant committed the alleged crime. The prelim hearing is different from the criminal trial; it is a hearing held to prevent weak evidence or unsupported charges from advancing to the next phase of the criminal case.
Preliminary hearings occur after the arraignment but before trial. During the arraignment, the defendant is formally charged and advised of their rights, and they must enter an initial plea of guilty, not guilty, or no contest. The preliminary hearing is then scheduled within 10 days if the Defendant is in custody, and within 60 days if the Defendant is out on bail.
What Will Occur During a California Criminal Preliminary Hearing?
Before the preliminary hearing, both the defense and the State must prepare their cases. The Prosecution provides discovery, including police reports, witness statements, video, and any other evidence. The defense might use this time to file pre-trial motions, such as requests to suppress evidence. Sometime attorneys also use this pre-hearing period to negotiate potential plea agreements.
During the prelim hearing, the Prosecutor presents evidence and witnesses to establish probable cause. Witnesses may include police officers, victims, or forensic experts. The Defense has the right to cross-examine witnesses and challenge the credibility of evidence. The judge then evaluates all the evidence presented and determines one of the following outcomes:
- The judge finds probable cause exists and allows the case to proceed to trial.
- The judge finds the evidence weak and dismisses the charges, ending the criminal case.
- The judge finds probable cause of a crime; however, they reduce the charges to a lesser offense.
If the case proceeds to trial, both sides often attempt to negotiate a plea deal to settle the case and avoid trial. If no plea agreement is reached, the criminal trial may be heard by a judge or by a jury, who will weigh the evidence and issue a verdict. The verdict must be unanimous, and the crime must be proved beyond all reasonable doubt.
The Importance of Legal Representation During a California Preliminary Hearing
If you are facing criminal charges, it is absolutely critical to have an attorney by your side during the preliminary hearing and throughout your entire case. Attorneys can challenge weak evidence, cross-examine witnesses, and file pre-hearing motions that could be critical for your defense. Legal counsel is especially important if you believe your Constitutional rights were violated, for example, if you were arrested without probable cause or if officers didn’t read your Miranda rights. Having an experienced California Criminal defense lawyer can significantly affect the outcome of your case.
Contact The Law Office of Nicolai Cocis for California Preliminary Hearing Representation
Facing criminal charges in California can be overwhelming, especially when navigating complex stages such as the preliminary hearing. The Law Office of Nicolai Cocis, conveniently located near the Southwest Justice Center in Murrieta, helps clients through every step of the criminal justice process. We can effectively handle your case from the initial arraignment to pretrial motions, hearings, and trial. With a deep understanding of California law and a commitment to protecting your rights, our legal team works to build a strong defense tailored to your case. If you or a loved one is facing criminal charges, contact us to schedule a free consultation and ensure you have representation at every stage of your criminal case.
