{"id":352298,"date":"2023-09-29T19:08:48","date_gmt":"2023-09-30T00:08:48","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/preliminary-hearing.html"},"modified":"2023-09-29T19:08:48","modified_gmt":"2023-09-30T00:08:48","slug":"preliminary-hearing","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/preliminary-hearing.html","title":{"rendered":"Preliminary Hearing"},"content":{"rendered":"\n
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Preliminary Hearing<\/h1>\n\n
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\n By Sarah Williams, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

A preliminary hearing is a court proceeding before a criminal trial to determine whether there is sufficient evidence. In the criminal justice system, a preliminary hearing, also known as a probable cause hearing, is best described as a "trial before the trial."<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Preliminary hearings serve a different purpose from arraignments or\u00a0initial appearances<\/a>, which all occur after filing formal charges against a defendant. An\u00a0arraignment<\/a>\u00a0is where the defendant enters a plea to the charges.<\/p>\n\n\n\n

In contrast, a preliminary hearing provides more opportunities for counter-arguments. The judge does not decide whether the defendant is\u00a0guilty\u00a0or\u00a0not guilty\u00a0but whether there is enough evidence for the defendant to stand trial.<\/p>\n\n\n\n

Another key difference, per the Federal Rules of Criminal Procedure<\/a>, is that preliminary hearings must occur within a reasonable time after the initial appearance unless:<\/p>\n\n\n\n