What Is a Preliminary Hearing in a California Felony Case?
If you are charged in a California court with having committed a felony offense, you will have the right to have a preliminary hearing concerning the felony charge before the case can be set for a trial. This is true for any and all types of cases that are initially charged as a felony offense.
The purpose of a preliminary hearing is so that a judge, referred to as a magistrate for the purpose of this hearing, can determine whether the prosecution has presented enough evidence at the preliminary hearing to show that there is probable cause to believe that a felony has been committed and that the person charged with that felony offense, defendant, may have committed that offense.
It is important to note here that this standard of proof, probable cause, is a much lower standard than that in a trial on the charge where the prosecution must prove beyond a reasonable doubt that the crime was committed for the defendant to be found guilty.
When Can a Judge Dismiss the Charges?
The magistrate at the preliminary hearing receives the oral and physical evidence presented by the prosecution in making his or her determination as to whether there is a reasonable suspicion (probable cause) that the alleged felony crime was committed by the one accused. If the magistrate does not believe that there is sufficient evidence to show the crime was committed, then he or she will not hold the accused to answer for the charge at trial.
There was a recent case in the Indio Superior Court where someone who was charged with manslaughter and possession for sale of a controlled substance was not held to answer on those felony charges because the magistrate ruled there was insufficient evidence to send the case to trial. The magistrate dismissed the charges against the accused.
This is not usual…but not unheard of. We have had many cases dismissed at the preliminary hearing stage of the case, including a murder case dismissed in the San Diego County Superior Court some years ago. This did not mean that my client was then able to walk out of the courtroom as a free man never to be bothered again by the courts.
Can the Prosecution Refile Charges After a Dismissal?
It should be noted that if a magistrate does decide to dismiss the charges and not hold the accused to answer for trial, the prosecution is given the opportunity to immediately refile the charges against someone and have another preliminary hearing with a new and/or different presentation of evidence at a later date.
Can a Felony Charge Be Reduced to a Misdemeanor?
At the conclusion of the preliminary hearing, the magistrate also has the option to reduce the felony charge to a misdemeanor charge if he or she believes that the crime may have been committed, but that the gravity or seriousness of the offense does not warrant a trial on a felony.
For example, we have had many domestic violence cases initially charged as a felony because there was alleged to have been certain physical injuries inflicted on the alleged victim by our client. When the evidence at the preliminary hearing showed no physical injuries were suffered by the alleged victim, the magistrate ruled that the case was not worthy of a felony charge and that if a trial was to be had on the charges, it needed to be held only concerning a misdemeanor offense.
What Can the Defense Learn From a Preliminary Hearing?
The preliminary hearing can be a useful step in the steps of a felony case before it gets to trial. Not only can the case be dismissed at that part of the process, but it may also be reduced to a less serious misdemeanor. And the defendant also has an opportunity early in the case see what type of evidence the prosecution may have available to them to later prove guilt in the case at trial.
Although the defendant has the right to present evidence on his or her own behalf at the preliminary hearing, rarely do they do so as it would give the prosecution an early look at the defense that may be presented in the case which otherwise may not need to be shown before trial.
Why Would a Defendant Waive a Preliminary Hearing?
Also, the defendant may decide to waive the preliminary hearing in some limited number of cases. The primary reason we have done so in the past on very few occasions is when it has been a case where there is some danger in the magistrate hearing evidence which could increase the number of felony charges alleged against someone.
For example, in some child abuse cases, the prosecution may believe that there were a limited number of incidents when the abuse occurred. Whereas the defendant believes if the victim testifies at the preliminary hearing, several other incidents that the prosecution and cops do not know about may come out in testimony by the victim. It may be a good idea to waive the preliminary hearing to ensure that the number of incidents charged remain that limited number for trial.
Note that the prosecution has the right to proceed with the preliminary hearing whether the defendant wants it or not.
What Happens When a Grand Jury Issues an Indictment?
Also, the prosecution may decide to proceed with charges against an accused by presenting the case to a criminal grand jury to have that body issue an indictment against the accused. If the defendant is indicted by a grand jury, the case will not have a preliminary hearing and may go straight to the trial court. This has been done in high profile cases such as for Charles Manson and his people and for Michael Jackson.
Talk With a Palm Desert Criminal Defense Attorney
As you can see there are many possible ways that a felony case may proceed through the criminal justice system. We are very experienced at all of the possible processes and can help you navigate the system if you need to go through it. Please call us as soon as possible to schedule a free consultation about your circumstances.
Call or text us at any time, day or night, 7 days a week at 760-898-0205.
Call (760) 345-4777 or Text (760-898-0207) for a free consultation to discuss what your legal rights are and possible defenses in your case.