What happens at a preliminary hearing

Aug 23, 2023 · One of the most important parts of preliminary hearings for defendants is their role in dismissing charges. ”. � During a preliminary hearing, the judge will decide whether or not there is substantial evidence to hold a The preliminary hearing happens early in a criminal case. 935(B)(5). The hearing will be conducted similarly to a trial, with each side presenting evidence and arguments. If the former couple can be civil and reach agreements, it will prevent the judge from making all decisions on their behalf. “tribunal”) and the parties to shape the course of the arbitration. Prosecutors must demonstrate that there is sufficient evidence, or probable cause, such that a jury could possibly be convinced that the defendant is guilty. At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial. The trial would proceed as scheduled, other than where desertion or a guilty plea followed. However, issues of guilt are not determined here. Unlike actual criminal trials, preliminary hearings are before judges only—no juries are present. We've helped 95 clients find attorneys today. In fact, many cases end before they reach trial. Informal assistance may be extended for an additional 90 days if you and your child agree. The judge before whom any person is brought for an offense shall, as soon as may be practical, in the presence of such person, examine on oath the witnesses for and against him Aug 17, 2021 · Fact-Checked. (c)(1) Substantially the same as former rule 3. The preliminary hearing, which occurs three to ten days after the arrest, is normally held before the Magisterial District Judge (“MDJ”), whose court is located in the jurisdiction where the alleged crime occurred. What happens after a preliminary hearing in Pennsylvania depends on if the Judge rules there is probable Jan 24, 2024 · Preliminary Hearing. 130. In the case of both First Diets and Preliminary Hearings, barring any prior s76 procedure, this will be the first opportunity for the accused to enter a plea in respect of the charge (s) on the indictment. Although the hearing itself might be very brief, several important things happen. § 19. A preliminary hearing, often referred to as a “prelim,” for short, is a procedure in California courts which applies only to felony criminal prosecutions. If a defendant was not indicted by a grand jury, then the defendant has a right to a Preliminary Hearing unless a Trial Information is filed or the Mar 21, 2024 · Preliminary hearing is a crucial first step in any criminal justice process; therefore it’s essential to have experienced legal representation when navigating through complexities surrounding such trials. May 30, 2024 · For this reason, subdivisions (c), (d), and (e) of the former rule have been deleted in favor of the hearing provision now contained in rule 3. The attorney for the Commonwe. At the end of the 90 days, the case may be brought back to court for an informal assistance review hearing. ) The probable cause hearing, or preliminary hearing, is an important part of the court proceedings in felony cases. What happens in a preliminary hearing varies case by case and, realistically, judge by judge. The accused has substantial rights at the preliminary hearing. At this appearance, the defendant has the right to have the charges against him or her read by the judge. Discovery is the evidence that the state has against you and can include: Police reports Michigan's Preliminary Exam. If demanded, the preliminary hearing shall commence in district court within twenty-one A preliminary hearing in Pennsylvania typically occurs two weeks after a defendant in a criminal case goes through preliminary arraignment. 4. The preliminary hearing tests the prosecutor's decision to bring the case and serves to protect individuals from unfounded criminal charges. ” The hearing is held before a judge, and the prosecutor must submit evidence related to the crime charged against you. The Crown Attorney may call witnesses. At the end of the second referral, the court will either dismiss the A preliminary hearing (“prelim” or “dispositional hearing”) is a court proceeding where prosecutors have to prove that there is probable cause that you committed the felony crimes you were charged with. Most of the time, prosecutor's Criminal Lawyer: Dwayne B. A judge (not a jury) will conduct a preliminary hearing. As a general rule, the state puts on a minimum amount of evidence to The arraignment, often considered the official start of a criminal case, provides the defendant with important information on the pending charges and next steps. 07 - Trial or preliminary hearing. 14 - Probable cause finding. Call Latosion Law to speak with a trusted lawyer. The accused must attend the hearing. The defense will ask the prosecution witnesses questions. The purpose of the proceeding is for the judge to determine if there is sufficient evidence to bind the defendant over to stand trial. A habeaus motion challenges the prima facie burden of proof which is the very purpose of the hearing itself. In most cases, the “prelim” is the first opportunity for our criminal defense lawyers to challenge the evidence and charges against you. The court may set dates for future proceedings and deadlines When preliminary hearings arise, Latoison Law is ready to fight for you. LE 542. Preliminary Hearing; Continuances. Dec 9, 2023 · The outcomes of a preliminary hearing can significantly influence the direction of a criminal case. It is held either in Municipal Court or the Court of Common Pleas. 2(d), inquire if the juvenile or a parent is a member of an Indian tribe. The Judge can either find probable cause and order the defendant to stand trial, or dismiss the case based on a lack of probable cause. That is why your court-appointed attorney cannot give you a straight answer - there is none. Although the underlying statute, 18 U. A preliminary hearing, also called a “ probable cause hearing,” is an adversarial proceeding conducted by a judge or magistrate (and not a jury) to determine if the prosecution has enough evidence to go to trial . It is not to decide if someone is guilty. It is also called a probable cause hearing because this is the meeting where the judge decides if there is enough physical evidence to make the person go to trial [ 1]. During the preliminary hearing, the prosecuting attorney presents evidence showing that a crime was committed and the defendant is the likely person who committed the crime. Additionally, the judge’s findings at a preliminary hearing are restricted to a determination of probable cause. At the Preliminary Hearing, the burden is on the prosecution to show that Aug 21, 2014 · A preliminary hearing is heard by a magistrate without a jury, and the accused isn’t required to be present. Your PA criminal defense lawyer can also introduce evidence as part of your defense at The preliminary hearing happens early in a criminal case. In some jurisdictions, prosecutors may call a few witnesses--the arresting officer or investigator--and present Aug 17, 2021 · Preliminary hearings are much shorter than trials. An accused person may be “discharged” by the judge following a preliminary hearing. A preliminary exam is like a mini version of a trial, absent the jury. P. The judge, the defendant’s attorney, the prosecutor and any necessary victims/ witnesses are present at the proceeding. Even if they have heard of it, very few know what happens at a preliminary hearing. Keep in mind this hearing only applies to felony offenses. 1. After hearing both the prosecution and the defense’s presentations, the judge has a few options: If the judge decides that probable The Court of Common Pleas has jurisdiction to hear preliminary hearings in felony matters to determine whether a defendant should be "bound over" for trial. A preliminary hearing in California occurs only in felony cases to decide if there is sufficient evidence. The hearing is commonly referred to as a “prelim” or a “probable cause hearing. The hearing may be the only time in a felony case that evidence is taken. The preliminary hearing is the accused’s first opportunity to see and challenge the Commonwealth’s evidence in court. “hold. If the State is unable to meet this burden, the Court may dismiss the felony offenses against you and release you from your bail conditions. What Happens at a Preliminary Hearing? A criminal defense lawyer explains the preliminary hearing process. People often ask us what happens at a preliminary hearing or what the purpose About This Article Briefly: A preliminary hearing setting conference (only for felony cases) is a hearing where the judge will set or adjust the date for a preliminary hearing, perhaps rule on requests for experts or independent testing and the prosecutor and defense counsel will discuss resolution of the case. Jun 20, 2023 · In many cases, the preliminary examination is held weeks or months later. However, if the state does not hold a Preliminary Hearing within these strict time limits, this does not Jan 10, 2024 · A preliminary criminal hearing is a critical stage in the legal process that can significantly impact the outcome of a case. The judge assigned to the case will alone decide whether the prosecution has met their burden of proof. 1. 7(h)(3). In a preliminary hearing, the judge examines all Mar 13, 2024 · Rule 5 - Initial Appearance, Preliminary Hearing (A) Procedure upon initial appearance. When a defendant first appears before a judge or magistrate, the judge or magistrate shall permit the accused or the accused's counsel to read the complaint or a copy thereof, and shall inform the defendant: (1) Of the nature of the charge against the defendant; (2) That the defendant has a right to counsel What Happens at the Preliminary Hearing? A preliminary hearing is considered a “trial before the trial” in which the District Attorney, Defense Attorney, and defendant discuss the case to determine whether it will go to trial, or if the defendant will plead guilty to charges. Not every step is taken in every case. Establishes the time period in which the preliminary hearing must take place. Preliminary hearings, often referred to as "prelims," require the prosecutor to show enough credible evidence to a judge to convince that judge to send the case on to trial. Second, if you plead not guilty, you will decide whether you want a jury trial or a bench trial where your case is only heard by a judge. Under Iowa law, a person accused of a crime more serious than a Simple Misdemeanor (which would be a Serious Misdemeanor, Aggravated Misdemeanor, or a Felony), is entitled to a Preliminary Hearing under some circumstances. A defendant may choose to have a preliminary hearing or to waive it (give up the right to have the hearing. Amended Sep 26, 2023 · Juvenile Preliminary Hearing Checklist Last Updated 9/26/23 If the charge is a status offense in violation of MCL 712A. 12 - Transfer of defendant to another county. Essentially, it is a preview of the State’s case and can be beneficial in planning In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. This is the purpose of a preliminary hearing, also known as a probable cause hearing. Preliminary Hearing: The purpose of a preliminary hearing is to determine if there is sufficient evidence to continue prosecution. You could have a The preliminary hearing can be thought of as an attempt to avoid wasting time and resources on a case that the court believes is based on evidence that does not hold up to the sniff test. If you are free on bond, the Preliminary Hearing must happen within 60 days of your arrest. , we fight to protect your rights and represent your best interests. Under Michigan law, a criminal defendant who is charged with a felony has the right to have a preliminary examination at the district court Apr 5, 2024 · A preliminary hearing may not be held if before the hearing: (1) An indictment is filed in circuit court; (2) The State's Attorney amends the pending charging document or files a new charging document charging an offense within the jurisdiction of the District Court; or (3) The State's Attorney enters a nolle prosequi or the charge is marked What happens at a Preliminary Hearing? A Preliminary Hearing must be set within 10 days of the Initial Appearance if the defendant is being held, or 20 days if the defendant has been released. Chapter 12. C. This witness is typically the arresting officer or the chief investigating officer. Being aware of what happens during this phase allows defendants and their representation to prepare effectively, understand the evidence presented against them and make informed decisions about the best approach to take. These are set out in s79 (2) (a) of Nov 20, 2020 · The Preliminary Hearing system was designed, first, to deal with all preliminary pleas and issues in advance of the trial and, secondly, to fix a trial diet, within the 140 day time limit, at a point when the case was ready for trial. During a preliminary hearing, the prosecutor presen Oct 7, 2019 · A preliminary divorce hearing is an initial meeting after divorce is filed to see if both sides can agree on certain aspects of the divorce and division of properties and marital assets. If the court finds "probable cause," then the case may proceed to trial. If the defendant wishes to waive the hearing, (gives up the right to this hearing), it is not held and the charges go on to Superior Court. 122(b). This process helps prevent the “hasty and unwise prosecutions and to save an innocent Apr 17, 2016 · First answer is simple: witnesses/victims do not have to show up for pre-trial or preliminary court appearances. A preliminary hearing. Nevada statutory law gives defendants the right to 15-day preliminary hearing. Nov 26, 2017 · A preliminary hearing is held for the Court to determine if there is probable cause to send the case to trial. We know this from experience, also – as a general proposition, a judge will almost never dismiss a case when there are differing versions as to THE FACTS, a judge will most often Rule 5. This will only happen once any preliminary pleas are dealt with. Once you have been arraigned your lawyer will ask the prosecutors for “discovery” of your case. The preliminary hearing serves as a sort of "check" on the government. th may appear at a preliminary hearin. The finding that an offense has been committed and that there is probable cause to believe that the defendant committed it shall be based on evidence which may not be inadmissible hearsay except documentary proof of ownership and written reports of expert witnesses. But, special rules apply to preliminary hearings. Preliminary Hearing – This happens in felony cases. The accused has the right to: confront prosecution witnesses, present evidence at the hearing to negate an element of an offense, y hearing provides an opportunity for the arbitrator orI. Nov 17, 2015 · The Preliminary Hearing in an Iowa Criminal Case. At the preliminary hearing stage, the judge is likely to view the evidence in the light MOST FAVORABLE to the state (even though it is not written down anywhere). Preliminary hearing. Nonetheless, many people have never heard of a preliminary hearing. PRELIMINARY HEARING; CONTINUANCES. Right to a 15 Day Hearing. On federal charges, the preliminary hearing must usually be held within 30 days from the date when the defendant was arrested unless the defendant waived the preliminary hearing. A defendant may decide, after consulting with counsel, to waive the preliminary hearing. At the preliminary hearing the MDJ simply determines if there is enough evidence in the case Waiving a preliminary hearing will not, in most cases, limit your defense but it will limit your defense lawyer’s ability to file a habeaus motion otherwise known as a motion to quash. 3 rd Degree Felony. What happens at this proceeding is more than just an examination; it includes an evidentiary hearing, argument, and a judicial ruling. If you are in custody, the Preliminary Hearing must happen within 30 days of your arrest. They could present testimony, photos, dashcam footage, and other physical evidence. If the accused is discharged on all counts, then the matter will be completed. May 31, 2024 · A preliminary hearing is a meeting that happens during an earlier stage in the criminal justice process before a criminal trial. We look forward to hearing from you! If you are charged with a felony offense in PA, you have the right to a preliminary hearing. . This means what it sounds like: the Court is supposed to hold your preliminary hearing within fifteen days, unless you waive that right, in which case, the preliminary hearing can be delayed and re-set for a later date. Feb 6, 2019 · A preliminary examination, also called a preliminary hearing or pre-trial hearing, is a court examination that screens felony-level criminal cases in NM. So, it is important to have an experienced and skilled defense attorney that can effectively cross-examine witnesses and challenge the Commonwealth’s evidence at the The purpose of a preliminary hearing is for a judge to decide if there is enough evidence for the case to move forward. Rules 53-56 are the key sections, particularly Rule 53 which states: May 23, 2017 · Strict time limits for a Preliminary Hearing apply. (2) recommend to the issuing authority that the defendant be discharged or bound over to court according to law. Rule 542. Aug 16, 2023 · Sometimes arraignments happen in a particular room inside the jail or even through a video feed. Jun 6, 2024 · The preliminary hearing is an extremely important step in the criminal justice process, and our criminal lawyers have successfully moved for dismissal of some or all of the charges in countless cases. Here’s what you need to know about the possibility of going to jail at a preliminary hearing: Not a Trial: A preliminary hearing is not a trial. (a) Procedures. It is often referred to as the evidentiary hearing, and can be understood as a trial before the trial. What is a Preliminary Hearing? September 10, 2014. At McKenzie Law Firm, P. 2 nd Degree Felony. (B) When no attorney appears on behalf of the Commonwealth at a Chapter. During the preliminary inquiry, a hearing is held by the court to determine if there is enough evidence to justify a trial. The issue is whether there is sufficient evidence to allow a jury to hear the case and determine whether someone is guilty. It comes shortly after a defendant's arrest and booking, often combined with a bail hearing. Colorado Crim. It’s a hearing where the Preliminary Hearing. If the judge finds one or more of the allegations Nov 6, 2014 · The preliminary hearing is a very important first step in handling a felony charge, and it can have a significant impact on the final result of the case. Rule 5. In legal terms, we often say the state must show probable cause that the defendant committed the crime. The arraignment is typically the first court date for defendants Jul 24, 2015 · Most witnesses are asked to come to court only for a preliminary hearing, a grand jury hearing, a witness conference, or a trial. If it is known or there is reason to know that the child is an 3. At the hearing, the prosecutor must convince the judge that probable cause exists to believe the defendant committed You are entitled to legal representation throughout your case, including at your preliminary hearing. In Pennsylvania, there are more than 500 Magisterial District May 21, 2020 · Defendants during the criminal case only have a right to a Preliminary Hearing (or “Prelim”) if they have been charged with at least one Class A misdemeanor or higher (more serious). Their presence is not required. 08 - Cautioning of accused; appointment of counsel-Abolished. Nov 13, 2014 · An arraignment is a hearing at which a person accused of a crime is called before the court to hear the charges against him. Feb 26, 2020 · If this happens, the defendant would likely waive, or give up, the preliminary hearing and the case would be certified and sent to Circuit Court for adjudication. So, what exactly is a preliminary hearing? The preliminary hearing is held before the Magisterial District Judge (MDJ). MCR 3. Fact-Checked. An experienced criminal defense attorney will review the evidence provided during discovery and challenge its sufficiency Aug 11, 2023 · A preliminary hearing is a procedural step in the criminal justice process, and its primary purpose is to determine whether there is enough evidence to proceed to trial. The American Arbitration Association (the “AAA”) Commercial Rules1 contemplate. "Probable cause hearing" may refer to a preliminary hearing that happens well after the filing of charges, at which the court hears testimony in order to determine whether it's more likely than not that the defendant committed the alleged crimes. Preliminary Hearing. A typical preliminary hearing may take from a half-hour to two hours, while some only last a few minutes. Following the arrest , the defendant has to be brought before a magistrate for their initial appearance within 24 hours. One possible outcome is the dismissal of the case, which occurs if the judge finds insufficient evidence to proceed. The hearing is limited to the specific issue at hand, in which both sides present evidence and arguments regarding the disputed Preliminary hearings have implications for a defendant’s constitutional rights. The hearing is a type of mini-trial that The letter will also tell you if there’s anything you need to do to prepare for the hearing. The primary purpose of the preliminary hearing is for the prosecution to prove there is enough evidence that the defendant may have committed a felony in the state of Wisconsin. At the preliminary hearing, the petitioner (usually CPS) must present evidence to prove that there is probable cause to believe that one or more of the allegations in the petition is true. Before trial, the district court must determine if the prosecution has enough evidence to proceed to a jury trial. In fact, the accused can’t testify or present any evidence. This means that the judicial officer must believe there is sufficient evidence. Call us today at 610-680-7842 to learn more. First, you will enter a plea of guilty or not guilty. Generally, the prosecution calls a witness to testify about probable cause. Before criminal charges go further, the state must prove a few elements, including probable cause. Preliminary hearings: prosecution seeks to establish probable cause. Prosecutors often do not present all relevant evidence at the preliminary hearing. First Name. Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case. There are over 550 MDJ’s located throughout Pennsylvania, except in Philadelphia and Pittsburgh, where they have a Municipal Court System. Rule RCr 3. The preliminary hearing, which occurs three to ten days after the arrest, unless continued or postponed, is normally held before the MDJ who works in the area where the crime took place. Defend your rights. The preliminary injunction hearing can serve as a “mini-trial” on the merits of the plaintiff’s case, albeit on an expedited basis with limited evidence. First, the title of the rule has been changed. The preliminary hearing provides an opportunity for the arbitrator or arbitrators (th. (a) A revised version of former rule 3. The prosecutor must prove probable cause to the judge, who can order the case to trial or dismiss the charges. 122(a). When this happens, the Grand Jury makes a finding of probable cause and the preliminary hearing is vacated. Apr 20, 2022 · A preliminary hearing is a criminal court hearing where prosecutors present evidence to demonstrate they have enough evidence that a crime occurred and that you committed it. In felony cases, after the arraignment, if the case does not settle or get dismissed the judge holds a preliminary hearing. When no attorney appears on behalf of the Commonwealth at a preliminary hearing May 20, 2013 · This hearing is called a “preliminary hearing” or sometimes called an “emergency removal hearing”. It can be held in conjunction with an arraignment where a formal entry of a not guilty or guilty plea is done, or can be held soon after the arraignment. Preliminary hearings. §3060, uses the phrase preliminary examination, the Committee believes that the phrase preliminary hearing is more accurate. Preliminary inquiries are only held when a person is charged with an indictable offence where the accused in liable to a period of imprisonment greater than 14 years. What Happens After the Arraignment. nd: assume charge of the prosecution; and recommend to the issuing authority that the defendant be discha. Apr 29, 2024 · The next court date will be either a trial date, a pretrial hearing, a status check, or a preliminary hearing. The defense may challenge the evidence and charge. Basically, the hearing will function as a sort of mini-trial, where the prosecution will present their evidence and call any witnesses, and the judge will A Preliminary Hearing in the context of an Employment Tribunal claim is a hearing (or hearings) which takes place some time before the trial of the employment claim. Mar 13, 2024 · Rule 5 - Initial Appearance, Preliminary Hearing (A) Procedure upon initial appearance. Trials can last hours, days, or weeks. Right to preliminary hearing; waiver; postponement. What can happen at a Preliminary Hearing is determined by the Tribunal Rules of Procedure 2013 contained here. A. 13 - Defective complaint. Introduction. Nov 12, 2021 · A preliminary hearing is a judicial check on the prosecutor's decision to charge a defendant with a crime. When a person is charged with one or more felonies in Wisconsin, he is entitled by statute to a proceeding called a preliminary hearing or preliminary examination (often referred to as a “prelim”). Alternatively, the judge may decide the evidence warrants a trial, leading to the case being “held to answer. Initiating charges by Sep 10, 2014 · 608-237-6854. Second answer is slightly more complicated. An arraignment is a first appearance signifying the start of the criminal trial process. 2(a)(2)-(4) or MCL 712A. A California preliminary hearing is one of the first pre-trial proceedings that take place in a felony case. The scale of crime severity is as follows (moving down from most serious to least serious): 1 st Degree Felony. At a preliminary hearing, the prosecution presents the main evidence that supports the charges they filed. At Spodek Law Group, they possess knowledge, expertise alongside compassion required for successful outcomes during these proceedings. After that, your trial date will be set. Misdemeanor cases, by contrast, either resolve by a negotiated plea, an “open At a preliminary hearing, the State must show probable cause that a felony was committed and you committed a felony. 12 At the initial appearance, the preliminary hearing will be scheduled. The Victim may not be needed for the Commonwealth to prove Feb 23, 2023 · What happens at a preliminary injunction hearing? After a motion for a preliminary injunction has been filed, the court will often hold a hearing to determine whether to issue it. d or bound over to court according to law. (A) The attorney for the Commonwealth may appear at a preliminary hearing and: (1) assume charge of the prosecution; and. Trials can also be conducted by judges alone (called a "bench trial"), but May 23, 2023 · During a preliminary hearing, the prosecutor presents evidence (which can be witnesses, documents and physical evidence) that the defendant committed the charged crimes. The court may also dismiss the case or schedule it for a fact-finding hearing. Similar to a criminal trial, both the prosecution and defense may present evidence and cross-examine witnesses. S. Evidence is displayed and both sides have the opportunity to cross-examine witnesses. At a preliminary hearing the judge could: decide if any of your claims or your employer’s responses shouldn’t be discussed at the main hearing - this is called being ‘struck out’ decide if you need to pay a deposit to continue with your case At the preliminary hearing, the defense counsel gets an opportunity to challenge the prosecutor’s evidence. The MDJ is not permitted to determine guilt concerning serious criminal matters. The preliminary hearing provides a preview of the prosecution's case, including evidence and potentially witness testimony. Preliminary hearings occur after the arraignment, in which the The preliminary hearing occurs shortly after, usually within about 10 days. This is also often the time when the defendant may plead “guilty,” “not guilty,” or “no contest. 2-183. (b) New. No jury. The accused will have no criminal entry for that case. In many jurisdictions, the first appearance a defendant makes before the court, often for the purpose of requesting bail, is referred to as an arraignment, however a true arraignment occurs after the defendant has been arrested and formally charged. A: A preliminary hearing is a legal process where the district court judge decides if there is enough evidence to send a defendant’s charges to the grand jury. The substance of the charge (s) against the accused is addressed at the preliminary hearing. At the probable cause hearing, the prosecution presents evidence to prove a crime has been committed and the defendant committed it. However, the preliminary hearing is not intended to be a mini-trial or to afford the defendant an opportunity to effect discovery of the State’s case. A defendant charged by complaint with the commission of a felony may, within thirty (30) days of arrest, demand a preliminary hearing. At the preliminary hearing, the court is not concerned as to whether or not the defendant is guilty. 16 - Record of testimony. In some instances, a prosecutor will secure a Grand Jury indictment prior to the preliminary hearing. RIGHT TO PRELIMINARY HEARING. Even so, you may wish to know all the steps that the case in which you are involved might go through. Call today at 610-999-1439 or stop by our office at 8 South Plum Street Media, PA 19063. Oct 15, 2023 · A defendant’s first court appearance is known as the arraignment. Apr 17, 2021 · At your arraignment, you have two big decisions to make. Pre-Trial Hearing – If a plea deal is not reached, sometimes the judge will schedule a pretrial hearing. 10 - Preliminary hearing; waiver. A waiver of preliminary hearing usually occurs when other charges are being dropped or not sought, or there is some type of agreement or recommendation on sentence. This means that the judge has determined that there is insufficient evidence to send the case to trial. When a defendant first appears before a judge or magistrate, the judge or magistrate shall permit the accused or the accused's counsel to read the complaint or a copy thereof, and shall inform the defendant: (1) Of the nature of the charge against the defendant; (2) That the defendant has a right to counsel The preliminary hearing is a step in the criminal case process that typically follows directly after the defendant's arraignment. Preliminary hearings are decided by a judge, not by a jury. It is an excellent opportunity for the defense attorney to gain insight into the prosecutor’s strategy, evidence, and general theory of the case. The preliminary hearing aims to determine whether enough probable cause exists to warrant a trial. The following rules apply to a preliminary hearing: (1) Evidence. ej wz bf kk re tm ci jv wh tb