I was charged with a Felony: What is a Preliminary Hearing?
After an arrest, at the initial appearance, the Judge set a Preliminary Hearing date. This is also the deadline for the County Attorney to decide how to proceed with your case. Behind the scenes, the arresting officers are preparing reports and taking the reports to the County Attorney’s Office where they meet with a Prosecuting Attorney to discuss the evidence and law in your case.
A preliminary hearing is a proceeding to determine if probable cause exists to believe a crime has been committed and the defendant committed it. This hearing is held in Justice Court. The prosecutor can present witnesses and evidence at the hearing. The commissioner's job is to decide if there is enough evidence to show two things:
That the crime charged occurred
That you probably are the person who committed the crime
If you are charged with a felony in Pima county, usually, instead of a Preliminary Hearing, the County Attorney will present your case and charges to the Grand Jury and secure an Indictment. A Grand Jury is a panel of citizens in your community tasked with determining that there is sufficient evidence that a person committed a crime and should be tried on specific charges. The Grand Jury hearing is held in private, unless you have clearly exculpatory evidence you want to present to the Grand Jury, in which case, your attorney can promptly ask for such a presentation before the Preliminary Hearing Date.
If a Grand Jury Indictment is secured, the Court will vacate the preliminary hearing and will set a new court date in 7-10 days at Pima County Superior Court.
If the County Attorney chooses to go forward with a Preliminary Hearing, they must first give the defendant/defendant’s attorney notice, and they usually wait until the last possible moment to do so. It is important that you stay in contact with you attorney and Pre-trial Services so that you know about any upcoming Court dates.
Amanda Bynum is an attorney licensed to practice in Arizona. She handles misdemeanor and felony criminal defense primarily in Pima and Cochise counties including Tucson City Court, Pima County Superior Court, Pima County Justice Court, Marana City Court, Green Valley Justice Court, Cochise County Superior Court and Cochise County Justice court. Amanda handles only criminal defense cases and has over a decade of experience. She offers free consultations. Schedule a phone call today!
