Facing felony charges in California can be overwhelming, especially if it’s your first experience with the criminal justice system. One of the most critical early stages in a felony case is the preliminary hearing. This hearing acts as a legal checkpoint where a judge determines whether enough evidence exists for the case to proceed to trial.
Although it’s not a trial itself, the preliminary hearing can significantly shape how your case unfolds. It can be a strategic opportunity for your defense team, or it can pave the way toward a more serious prosecution. Understanding how preliminary hearings work, what to expect, and how to protect your rights is essential.
Let’s walk through everything defendants need to know about preliminary hearings in California — from what they are, to what happens before, during, and after, and how to best approach this crucial stage of the legal process.
What Is a Preliminary Hearing?
A preliminary hearing is a court proceeding held in felony cases to determine if the government has enough evidence to continue with the charges against the defendant. The judge listens to the prosecution’s evidence and decides if there’s probable cause to believe a crime was committed and that the defendant committed it.
This hearing is not about proving guilt beyond a reasonable doubt. It’s about determining whether there’s enough reason to take the case to trial. If the judge believes there’s probable cause, the case moves forward. If not, some or all of the charges may be dismissed.
When Does a Preliminary Hearing Take Place?
In California, preliminary hearings are typically held in felony cases. They do not occur in misdemeanor cases, where other procedures apply.
If you are facing felony charges and have not been indicted by a grand jury, you are entitled to a preliminary hearing. This hearing usually occurs after the arraignment but before the trial. The timing of the hearing depends on whether the defendant is in custody or released.
Important Deadlines and Timeframes
California law sets specific time limits for holding a preliminary hearing. If the defendant is in custody, the hearing must generally be held within 10 court days of the arraignment. If the defendant is not in custody, the hearing must usually take place within 60 calendar days.
These deadlines can be waived by the defendant if more time is needed for preparation or negotiation. However, if the hearing is delayed beyond these timeframes without a valid waiver or legal reason, the charges could be dismissed.
Why the Preliminary Hearing Matters
Although many preliminary hearings result in the case moving forward, this stage is extremely important for both sides. For the defense, it can be a chance to:
Challenge weak or questionable evidence
Cross-examine the prosecution’s witnesses
Expose flaws or contradictions in the case
Reduce or eliminate certain charges
Set up future legal defenses or motions
Sometimes, based on what is revealed in the preliminary hearing, charges may be reduced from felonies to misdemeanors, or dismissed entirely. Even if the case proceeds, the hearing can provide valuable insight into how the prosecution plans to approach the trial.
What Happens Before the Hearing?
Leading up to the hearing, both the defense and prosecution prepare their cases. The prosecution must share discovery — evidence, police reports, witness statements, and other relevant materials — with the defense.
The defense may also file legal motions before the hearing. These could include motions to suppress evidence or requests to dismiss charges based on violations of the defendant’s rights. These pre-hearing motions can impact what evidence is allowed or even whether the hearing moves forward.
In some cases, attorneys may also negotiate potential plea agreements before the hearing takes place.
What Happens During the Preliminary Hearing?
At the hearing itself, the prosecutor presents evidence and calls witnesses to testify. These may include law enforcement officers, victims, eyewitnesses, or forensic experts. The goal is to show the judge that probable cause exists.
The defense has the opportunity to cross-examine the prosecution’s witnesses and challenge the evidence. The defense can also call its own witnesses or present evidence, though it is not required to do so. Often, defense attorneys choose to focus on poking holes in the prosecution’s case rather than presenting a full defense at this stage.
The judge listens to both sides and decides whether the case should go to trial. The rules of evidence are somewhat more relaxed during a preliminary hearing compared to a full trial, which allows more flexibility for both sides in presenting their case.
Possible Outcomes
At the end of the hearing, the judge may make one of several decisions:
Bind the defendant over for trial: The judge finds that probable cause exists and allows the case to proceed.
Dismiss some or all charges: The judge decides that there isn’t enough evidence for some or all of the charges, and dismisses them.
Reduce the charges: In some situations, the judge may decide that the evidence supports a lesser charge than the one filed.
It’s important to understand that a dismissal at this stage does not necessarily end the matter permanently. The prosecution may refile the charges later, unless specific legal protections prevent it.
What Happens After the Hearing?
If the judge decides to bind the defendant over for trial, the next step is for the prosecution to file a formal charging document, known as the Information. This must happen within 15 days of the preliminary hearing’s conclusion.
Once the Information is filed, the case continues toward trial. The defendant will be arraigned again, and the process enters the pretrial phase, where further motions, plea negotiations, and discovery exchanges take place.
If the judge dismisses the case at the preliminary hearing, the defendant may be released and the charges dropped. However, prosecutors may try to refile charges later, particularly if new evidence is discovered.
Your Rights During a Preliminary Hearing
Defendants have a range of rights during the preliminary hearing process, including:
The right to be represented by an attorney
The right to be present at the hearing
The right to receive discovery from the prosecution
The right to cross-examine witnesses
The right to present evidence or witnesses (though not required)
The right to object to improper evidence
The right to file motions to dismiss or suppress evidence
These rights help ensure a fair and balanced process, even at this early stage. An experienced defense attorney can leverage these rights to your advantage and help shape the future of your case.
Strategic Considerations
Whether or not to waive the preliminary hearing is a key strategic decision. Sometimes, it makes sense to waive the hearing — for example, when both sides are negotiating a plea deal, or when the defense wants more time to prepare. Other times, it is more advantageous to demand the hearing to expose the prosecution’s weaknesses.
Defense attorneys also use preliminary hearings as a way to gather information and preview the prosecution’s case. It’s often the first opportunity to see how witnesses testify under oath and how strong (or weak) the evidence may be.
Cross-examination at this stage can also lock in testimony that may later be challenged at trial, or reveal inconsistencies that can be used for impeachment.
Common Misconceptions
It’s easy to confuse a preliminary hearing with a trial, but they serve very different purposes. A preliminary hearing is not about proving guilt or innocence. It’s about establishing whether the case should go to trial.
Another common myth is that if a case is dismissed at this stage, it’s over for good. While a dismissal is a positive outcome, prosecutors may refile the case unless legal protections — such as violations of rights or double jeopardy — prevent them from doing so.
Some defendants assume the hearing is merely a formality, but in reality, it’s a crucial opportunity to influence the course of the case.
Tips for Defendants
If you are facing a preliminary hearing in California, consider these practical tips:
Be honest and open with your attorney about everything related to your case
Ask your lawyer to explain your rights and the potential outcomes clearly
Don’t waive your hearing unless you fully understand why it may help you
Stay calm and respectful in court — your behavior matters
Use the hearing to assess the strength of the case against you
Take note of what the prosecution’s witnesses say, especially if they contradict earlier statements
Above all, work closely with a knowledgeable criminal defense attorney who can guide you through the process and protect your rights at every step.
Final Thoughts
The preliminary hearing in California felony cases is more than just a procedural formality. It’s a key point in the criminal justice process that can shape your future. Whether your charges are serious or borderline, how your criminal defense attorney handles the preliminary hearing can have lasting effects on the outcome of your case.
Knowing what to expect — and understanding your rights — puts you in a better position to defend yourself effectively. With the right legal guidance, you can use the preliminary hearing to uncover weaknesses in the case against you, secure a dismissal or reduction of charges, and prepare a strong defense moving forward.
Need Help with a Preliminary Hearing in California?
If you or a loved one is facing felony charges and a preliminary hearing is approaching, it’s critical to have the right legal team by your side. Southwest Legal is here to guide you through every step of the process with experienced, aggressive, and compassionate defense.
Our attorneys understand the California court system and know how to strategically approach preliminary hearings to protect your rights and fight for the best possible outcome. Call us today for a free consultation and find out how we can help you take control of your defense.
