what is a preliminary hearing

A preliminary hearing is a court proceeding held before a criminal trial to determine whether there is sufficient evidence to hold the defendant for trial. It is also known as a probable cause hearing or preliminary inquiry. During the hearing, the prosecution presents evidence and calls witnesses, and the defense can cross-examine witnesses. The judge then decides whether there is enough evidence to justify holding the defendant for trial. The hearing is not a trial, and the defendant cannot be found guilty at this stage. The primary purpose of the preliminary hearing is to determine if there is sufficient evidence to justify holding the defendant to answer for the alleged criminal charge, including any misdemeanors that are charged along with a felony offense, and if so, is there sufficient probable cause to believe the defendant committed the crime. The hearing is held in felony cases, and it is not always required. If the defendant is being held in jail, the hearing must be held within 14 days of the initial appearance, and if the defendant is out on bail, it must be scheduled within 21 days of the initial appearance.