By Power Trial Lawyers | Los Angeles Criminal Defense Lawyer
Introduction
Facing felony charges in California can be daunting, and the preliminary hearing is one of the most critical stages in the legal process. As a leading Los Angeles Criminal Defense Lawyer, Power Trial Lawyers understands the high stakes involved and the importance of a strong defense at this early stage.
A preliminary hearing lawyer plays a vital role in challenging the prosecution’s case, protecting the accused’s rights, and even securing a dismissal before trial. In this article, we provide an authoritative guide to California preliminary hearings, incorporating deep legal analysis, statutory references, and case law to equip defendants with the knowledge they need to fight their charges effectively.
1. What is a Preliminary Hearing?
A preliminary hearing is a pretrial proceeding in felony cases where a judge determines if there is probable cause to hold the defendant for trial. The legal basis for preliminary hearings is found in California Penal Code § 859b, which mandates that a preliminary hearing be held within 10 court days of arraignment unless waived by the defendant.
Unlike a trial, the burden of proof in a preliminary hearing is significantly lower. The prosecution must establish “probable cause” rather than “proof beyond a reasonable doubt.” Probable cause exists when the evidence would lead a person of “ordinary caution or prudence” to reasonably suspect the defendant committed the crime (Galindo v. Superior Court, 50 Cal. 4th 1).
Key Distinctions from a Trial
- No jury; the judge alone determines probable cause.
- Limited evidentiary rules; some hearsay testimony is admissible.
- The defense can cross-examine witnesses but may not present a full defense.
- A judge’s finding of probable cause does not mean guilt but only that the case can proceed to trial.
2. Who is Entitled to a Preliminary Hearing?
Under California law, preliminary hearings apply only to felony cases. Misdemeanor cases do not require this proceeding, as these are typically resolved at an arraignment or through plea negotiations.
- Defendants charged via a felony complaint are entitled to a preliminary hearing. This ensures that those accused of serious crimes have an opportunity to contest the charges before trial.
- Defendants indicted by a grand jury are not entitled to a preliminary hearing. Per California Constitution, Article I, Section 14.1, grand jury indictments bypass this step (Bowens v. Superior Court, 1 Cal. 4th 36). While rare, grand jury indictments are often used in complex cases involving organized crime or public corruption.
Why Preliminary Hearings Matter
A preliminary hearing serves as a critical safeguard against weak or baseless prosecutions, protecting defendants from unnecessary trials and undue hardship. The California Supreme Court has consistently affirmed the importance of preliminary hearings in weeding out cases lacking substantial evidence (Favor v. Superior Court, 59 Cal. App. 5th 984). In People v. Uhlemann, 9 Cal. 3d 662, the court ruled that “the purpose of a preliminary hearing is not to determine guilt, but to assess whether there is enough evidence to justify a full trial.”
Moreover, the defense has the right to present limited evidence and cross-examine witnesses during a preliminary hearing, which can lead to dismissal of charges if the prosecution fails to establish probable cause. For example, in People v. Slaughter, 35 Cal. 3d 629, the court overturned a case where the prosecution relied solely on unreliable hearsay evidence. This demonstrates that a well-prepared Preliminary Hearing Lawyer can make a substantial difference in the outcome of a case.
In sum, a preliminary hearing is not merely a procedural formality—it is an essential legal right that can prevent wrongful prosecutions and uphold the integrity of California’s criminal justice system.
3. What Happens During a Preliminary Hearing?
The structure of a preliminary hearing follows a distinct process:
- Prosecutor Presents Evidence: Witnesses, police officers, and forensic experts may testify. Hearsay evidence is admissible through law enforcement testimony per Proposition 115 (Bridgeforth v. Superior Court, 214 Cal. App. 4th 1074). Additionally, the prosecution may introduce forensic reports, surveillance footage, or confessions, though these can be challenged for reliability and admissibility (People v. Smithson, 79 Cal. App. 4th 480).
- Defense Cross-Examines Witnesses: A skilled Preliminary Hearing Lawyer can challenge inconsistencies and question probable cause (McCutchen v. City of Montclair, 73 Cal. App. 4th 1138). For example, if a key witness provides contradictory statements or has a history of bias, cross-examination can expose these weaknesses and undermine the prosecution’s case.
- Defense Presents Evidence: Limited to evidence negating probable cause or supporting an affirmative defense. This may include alibi evidence, expert testimony refuting forensic claims, or evidence showing police misconduct (People v. Hull, 31 Cal. App. 5th 1003). For instance, a defense expert could testify that a breathalyzer test was improperly calibrated, weakening a DUI charge.
- Judge Rules on Probable Cause: If the judge finds sufficient evidence, the case proceeds to trial; otherwise, it may be dismissed. Judges consider not only the strength of the evidence but also its admissibility and whether the prosecution met its burden. Cases have been dismissed when key evidence was found to be unlawfully obtained (People v. Municipal Court (Kong), 122 Cal. App. 3d 176).
4. Timing and Legal Requirements
Under Penal Code § 859b, preliminary hearings must occur within 10 court days of arraignment. Failure to meet this statutory deadline, unless justified by good cause, mandates dismissal of the charges (Chavez v. Superior Court, 99 Cal. App. 5th 165). The California Supreme Court has reinforced this right, emphasizing that delays without compelling reasons violate due process.
Exceptions to the 10-Day Rule
- Waiver by the Defendant: A defendant may voluntarily waive the right to a speedy preliminary hearing, often as part of a broader defense strategy to allow for further evidence gathering or plea negotiations.
- Good Cause for Delay: The prosecution bears the burden of proving “good cause” for a delay, such as the unavailability of a key witness or new evidence emerging that necessitates additional investigation (People v. Superior Court (Hanson), 110 Cal. App. 3d 396).
The courts have defined “good cause” as more than mere administrative convenience, requiring a substantial justification linked to the integrity of the prosecution (People v. Municipal Court (Kong), 122 Cal. App. 3d 176). Judges retain discretion in evaluating these requests, balancing the prosecution’s needs against the defendant’s constitutional right to a timely hearing.
5. How a Los Angeles Criminal Defense Lawyer Can Win Your Preliminary Hearing
A strong defense strategy during the preliminary hearing can lead to dismissal or charge reductions. A Los Angeles Criminal Defense Lawyer can:
- Challenge Probable Cause: Cross-examine witnesses to expose weaknesses in the prosecution’s case.
- Suppress Unlawful Evidence: File motions to exclude evidence obtained through unlawful searches or constitutional violations (People v. Hull, 31 Cal. App. 5th 1003).
- Introduce Exculpatory Evidence: Present testimony or physical evidence negating probable cause (McGill v. Superior Court, 195 Cal. App. 4th 1454).
- Negotiate with Prosecutors: Leverage weaknesses in the case to secure reduced charges or dismissals before trial.
6. Case Law Analysis: Key California Decisions Impacting Preliminary Hearings
- People v. Smithson, 79 Cal. App. 4th 480 – Right to challenge confessions.
- Hale v. Superior Court, 15 Cal. 3d 221 – Defendants must be competent to participate.
- San Jose Mercury-News v. Municipal Court, 30 Cal. 3d 498 – Preliminary hearings play a critical role in felony prosecutions.
7. What Happens After a Preliminary Hearing?
After the judge’s ruling, several outcomes are possible, each with significant legal implications:
- Case Proceeds to Trial: If the judge determines that there is sufficient probable cause, the defendant is “held to answer,” and the case moves forward to trial. At this stage, the prosecution files a formal information detailing the charges, pursuant to Penal Code § 872. The defendant will then be arraigned again in superior court, where they may enter a plea and file pretrial motions.
- Dismissal of Charges: If the prosecution fails to establish probable cause, the charges are dismissed (People v. Municipal Court (Kong), 122 Cal. App. 3d 176). However, under Penal Code § 1387, the prosecution may have an opportunity to refile charges under certain circumstances, such as if the dismissal was not based on lack of evidence but procedural grounds.
- Appeals & Motions: If probable cause is found but the defense believes there was a legal error during the preliminary hearing—such as improper admission of evidence or prosecutorial misconduct—they may file a Penal Code § 995 motion to challenge the ruling. If granted, the charges may be dismissed before trial (People v. Uhlemann, 9 Cal. 3d 662).
Additionally, in some cases, defense counsel may negotiate a plea bargain after the preliminary hearing to secure reduced charges or sentencing considerations before trial commences. A skilled Los Angeles Criminal Defense Lawyer will evaluate every legal avenue available post-hearing to protect the defendant’s rights and strategic interests.
Take Action Now
A preliminary hearing is a crucial legal battle that can determine the outcome of a felony case. Having a top Los Angeles Criminal Defense Lawyer is essential to protecting your rights, challenging weak evidence, and securing the best possible outcome.
If you or a loved one is facing a preliminary hearing, Power Trial Lawyers is ready to fight for you. Contact us today for a free consultation and let us start building your defense.
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