At a preliminary hearing, the Prosecution has the burden to establish probable cause that both a felony was committed and the felony was committed by you. Because this burden is generally easily satisfied, the Prosecution will most likely meet its burden. Once the court determines that probable cause exists, the accused is bound over for trail and the case moves forward to arraignment.
Even if the prosecution is likely to meet its burden, nevertheless, from the perspective of the accused, the preliminary hearing is important, First, even though the burden is low, its not impossible for the accused to win. In the event the accused does win, the charges are dismissed. Another possibility is that the court may find the charges are too severe which could lead to you facing charges with less harsh consequences. Finally, a Criminal Defense Attorney may also use a preliminary hearing as a discovery tool, which leads to uncovering possible defenses and the benefit of hearing the Prosecution’s witness testify.
For more questions, contact a Andrew Tabashneck esq today.