“What
is a preliminary hearing?” “Do I need a
lawyer for it?” These are two common questions that I receive from my clients
charged with a felony. To clarify this
rare court proceeding, I decided to share my answers with those that are
possibly asking the same questions.
A
preliminary hearing is usually the first proceeding in a criminal trial when an
individual has been accused of committing a felony. Because felony charges often carry greater
potential sentences than misdemeanors, our criminal justice system requires probable
cause to be found a second time. Probable
cause must be found for the felony by a judge at a preliminary hearing or by a
grand jury. It is extremely important to
have an experienced criminal defense attorney at the preliminary hearing for
many reasons. First, a preliminary
hearing can open the door for discussion with the prosecutor to get charges
dismissed. I have been successful at
getting felonies, and in some cases, all the charges dropped at the preliminary
hearing when I was retained early enough in the case. Second, a preliminary hearing can provide a
platform to have bail reviewed, which can be hugely important if the accused is
still incarcerated. Last, it can be used
as a discovery tool to learn about the State’s case, and to get a feel for its
witnesses.
In
most counties in Maryland, a preliminary hearing must be requested within 10
days of the initial appearance. The
preliminary hearing will be held in front of a Judge at the District Court. The preliminary hearing is usually the first
proceeding in a case where someone has been charged with a felony. The preliminary hearing is not a trial and the
defendant will not testify or present any evidence. The burden is on the State to show that it
has enough evidence to convince a reasonable jury that the defendant committed
the felony. This is a much lower
standard than what the State has to prove to a jury to convict the defendant of
the crime at trial. The State will
usually call a detective or police officer to talk about the facts of the case
that support the felony charge. The
defendant has the opportunity to cross-examine the State’s witness. Since these proceedings are under oath and
recorded, the testimony can be used against the testifying officer if necessary
at trial. If the judge determines that
there is probable cause for the felony charge then the case will be transferred
to the Circuit Court, along with any misdemeanors. If the judge does not find probable cause
than the felony charge will be dropped and a trail date will be set in the
District Court for any remaining misdemeanor charges. In Baltimore City, if your case has not been
transferred to the Circuit Court by way of indictment, it is not uncommon for
the felony to be dropped at the preliminary hearing and for the State to go
forward with a trial on the misdemeanor charges that day.
Facing
criminal charges is scary, and an effective lawyer who will fight for your
rights can help ease your fears. No one accused
of a crime should be alone in the presence of the police, the prosecutor, or
the court. A preliminary hearing is a
critical stage in the criminal process where an experienced criminal attorney can
really help.
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