What happens in a preliminary hearing?

Asked on
Thursday, Aug 29, 2013

My son has a preliminary hearing coming up and I would like to know what takes place. Thank you.

Answers

Medium photo

Aug 29, 2013
Contact

A prelim is a mini-trial wherein the government introduces evidence to convince a magistrate that there is sufficient evidence to hold a person over for trial. The DA must introduce a probable cause quantum of evidence, or else the felony complaint, which gave the magistrate jurisdiction to hear the matter, must be dismissed. If he/she does introduce sufficient evidence, the defendant is held to answer for trial, and an "information" is filed, giving the trial court jurisdiction to bring the defendant to trial.