What is a Preliminary Hearing
A preliminary hearing is only done in Felony cases. A preliminary hearing is a court proceeding in which testimony is taken under oath. The defendant has the choice to waive a preliminary hearing, and the case will be sent directly to the circuit court to proceed for trial or plea bargain negotiating. A preliminary hearing is where the Prosecutor presents evidence to show the court that there is probable cause to believe a crime was committed and that it was committed by the defendant.
What We Do
We thoroughly investigate all aspects of the case before doing a preliminary hearing, and we come prepared to fight for your freedom. We cross-examine each witness and show the weakness in the Prosecutor’s case. We then argue to the Court that the Prosecutor has failed to prove that there is probable cause that the defendant committed a crime.
Why They are Important
These hearings are very important because it is the first time that the Defense gets to cross-examine the witnesses accusing them of a crime. They get to have their statements made under oath and are very crucial if the case ends up going to trial. Most importantly, if the Defense wins the preliminary hearing the judge dismisses the case.
If you or a loved one have a warrant for your arrest and want more information regarding the criminal charges, don’t hesitate to call (314) 526-3885 today to speak with one of our criminal defense attorneys. We would be more than happy to explain how we would fight for your freedom and protect your reputation.