Preliminary hearing vs. judgment (2023)

whenloadedwith a crime, the accused must go through several stagescriminal legal system.

A preliminary hearing is required before a trial can take place.

A preliminary hearing is sometimes called a mini-trial because it provides an overview of a criminal case. However, preliminary hearings (or pre-trials) occur much earlier in the criminal justice process than trials. At a preliminary hearing, the prosecutor must convince the judge that there is probable cause to believe that the defendant committed the crime and that further proceedings, such as a trial, are necessary.

How a preliminary hearing differs from a trial

The purpose of preliminary hearings is to protect the defendant from unfounded criminal charges and to ensure that the prosecutor has sufficient evidence to proceed with the trial.

The two differ in several key ways:

• Duration: A preliminary hearing is much shorter than a trial. The duration of a preliminary hearing can vary from a few minutes to a few hours. A test can take weeks to complete.
• Public: A preliminary hearing is heard only before a judge, while a trial has the possibility for a jury to decide the outcome.
• the burden of proof: The burden of proof is always on the prosecution to prove guilt. However, the burden of proof is much less at the preliminary hearing level, where the prosecution only needs to prove probable cause that the accused committed the crime. At the trial level, the prosecution must prove beyond reasonable doubt that the accused committed the crime.
• Target: A preliminary hearing is used to determine whether the charges are worth pursuing, while a trial is used to determine the defendant's guilt. Informally, however, each side uses the preliminary hearing to examine the other side's evidence. Naturally, neither the defense nor the prosecution tend to present much evidence. Since the defense does not need to present any evidence, it often does not.

Preliminary hearing as substitute

Preliminary hearings are assessments of the case by the judge. The judge will make a preliminary decision on the defendant's guilt or innocence. In most cases, the prosecution has the easiest case, as it only needs to prove probable cause that the defendant committed the crime.

However, if the accused is found not guilty, he will not have to go through a long and expensive trial.

When the charges are weak but the prosecutor's office does not want to drop the charges entirely, a prosecutor may agree to dismiss the case. The prosecutor can deflect criticism from victims or police officers to the judge if the case is dismissed.

Essentially, a recorded case favors the prosecution over the defense. If the defense is registered, it can move the case to an appellate court more quickly or simply offer a defendant whose case is lost but does not wish to plead guilty or nolo contendere. It is only possible for defense lawyers to file the case if the defendant withdraws from the trial.

Benefits of Preliminary Hearing

Although preliminary hearings are very short, they can inform the prosecution's strategy. As a result, the defense can assess how strong the case is and whether there are credible witnesses and evidence. This information is very important because it can help the defendant decide whether to settle the case with ajudicial agreementor proceed to a full test.

While the defense does not expect to see all of the prosecution's files, the preliminary hearing can give the defense a glimpse of:

• The strength of the prosecution's evidence
• The credibility of prosecution witnesses and
• If the case goes to trial, how credible can these witnesses be?

The defense assesses the strength of the government's case as a whole. The defense may need this information regardless of whether the case settles with a plea agreement or goes to trial.

The defense may decide to go to trial if the prosecution's case appears weak – for example, if the prosecution's witnesses change their prior stories, forget important details, or otherwise discredit themselves. On the other hand, the prosecution may decide to offer a generous settlement, or at least gain leverage to do so.

Suppose the arresting officer is the state's only or main witness. The prosecutor may be willing to offer a much better deal after the preliminary hearing if the defendant finds a way to undermine the credibility of the arresting officer.

This information can, however, help the defense decide whether to accept a plea deal if the government's case appears too strong. A plea deal may not be what the defense hoped for, but the preliminary hearing may show that it's better than wasting more energy and money on a losing battle. More than 90% of cases are resolved before trial, so finding evidence to use in the plea deal is the primary goal of the defense at the preliminary hearing.

Interrogation Strategies for Preliminary Hearing Witnesses

If the case goes to trial, the information gathered at the preliminary hearing will also be useful for the defense. Typically, the defense will vigorously cross-examine the prosecution's witnesses at the preliminary hearing, whether or not it presents its own witnesses.

In cross-examination, the defense can determine how the prosecution's witnesses will behave and what their testimony will be at trial. Preliminary hearing testimony can be used to attack or impair their credibility if they change their testimony at trial.

The alternative defense strategy to vigorous cross-examination of prosecution witnesses is to question them briefly and politely.

The purpose of this is twofold:

• The first is that it can relax and discourage a witness from confessing to damaging evidence, either immediately after hearing it or later, after defense counsel becomes aggressive during the trial.
• In addition, the defense may store evidence that undermines the witness's credibility and use it against the witness at trial. The witness may not have anticipated these elements at the preliminary hearing, and the surprise may unsettle him and make him look bad in the eyes of the jury.

Pre-trial bail requests

Bail reduction may be requested if the accused is unable to post bail. Judges are often asked to reduce bail when the state requests a continuation, regardless of whether the case continues or the charges go to trial. Cases can also be filed at the preliminary level if no witnesses appear.

The accused must be released on the same day if the court dismisses the case.

In some cases, the state can obtain an arrest warrant for its witnesses so that the police can forcibly take them to court after the case is closed. Processes at this lower level are limited in their ability to repeat cases indefinitely, but of course they can do so at least once and sometimes twice.

Getting Legal Advice

If you have legal problems, contact acriminal defense attorneyAs soon as possible. Lawyers have to make a lot of tactical decisions, but the more you understand, the better you can defend yourself. Your attorney will be able to get a more complete picture of your case if you get involved early.