In felony criminal cases in Los Angeles County, you are guaranteed a crucial legal right-the preliminary hearing. This is a pivotal moment when the prosecutor must demonstrate there is sufficient evidence supporting the allegation that you committed a crime, ensuring your legal protection.
The primary function of a preliminary hearing is for the court to decide if enough evidence exists to justify holding you to answer for the alleged crime. It's commonly referred to as a “probable cause hearing.”
During the preliminary hearing, the prosecutor has the burden to show that, based on the preponderance of the evidence, you did, in fact, commit the alleged offense.
It's designed to show a judge that the prosecutor didn't file frivolous charges, and they must show there is some type of reasonable evidence supporting guilt. It's crucial to note there is a very low evidentiary standard.
Normally, preliminary hearings are quick, but some cases take longer. There are cases where your criminal lawyer might show an affirmative defense against the allegations. Still, this type of strategy is only sometimes appropriate because the prosecuted will be alerted to your defense plan.
If you were indicted before a grand jury, then no preliminary hearing will be held.
Overview of California Preliminary Hearings
Preliminary hearings are one of the first stages in the pretrial criminal court process in Los Angeles County criminal courts.
A judge will schedule a preliminary hearing at arraignment when you plead “not guilty.” If you decide not to waive your right to a speedy hearing, the preliminary hearing has to occur within 10 days of the arraignment.
It's a formal legal proceeding overseen by a judge or magistrate, whose role is to ensure the fairness of the process and decide if sufficient evidence exists to “hold you to answer” at trial for the criminal charges you allegedly committed.
During the hearing, there are only two primary issues that have to be decided:
- Does probable cause exist proving a crime was committed?
- Is there enough probable cause to believe you committed that crime?
The prosecutor has the burden of proof to establish probable cause. Still, the evidence only has to show enough facts to convince a reasonable person that a crime did occur and that you committed it.
Probable cause is defined as a state of facts that causes a man of ordinary care to entertain a strong suspicion that a person is guilty of a crime.
It can't be overstated that the standard of proof at a preliminary hearing is much lower than that at a jury trial, where a prosecutor must prove every element of a crime beyond a reasonable doubt.
Again, a judge only has to decide if there is a rational basis for finding probable cause exists. The evidence shown in a preliminary hearing doesn't have to be sufficient enough to support a conviction.
Most prosecutors won't show all their evidence available at the preliminary hearing because they don't want to alert the criminal defense lawyer, who would then start preparing a strategy on that evidence.
However, the hearing gives a criminal attorney an opportunity to cross-examine witnesses to obtain information on the evidence the prosecutor will use against you to obtain a conviction. You do have the option to waive a preliminary hearing and proceed directly to a trial.
After the preliminary hearing, but before a case proceeds to trial, your criminal defense lawyer and prosecutor will appear before the judge and make their pre-trial motions.
What Are Your Legal Rights at a Preliminary Hearing?
In criminal proceedings in California Courts, you have certain rights before and during a preliminary hearing:
- To be represented by an attorney, a public defender, or a private lawyer
- To be present at the preliminary hearing
- To confront and cross-examine witnesses
- To produce witnesses on your behalf
- The right to discovery, including evidence of guilt or innocence
- To be free of any physical restraints, unless necessary
It should be noted you don't have the right to all discovery unless the preliminary hearing is held longer than 15 days after your attorney made a formal request for discovery.
Common Motions at a Preliminary Hearing
At the preliminary hearing, your criminal attorney could file the following common legal motions on your behalf:
Pitchess Motion
If there is a reason to believe police misconduct occurred, a Pitchess motion is a formal request to obtain information about any previous complaints about the police officer's conduct. Common examples of misconduct are excessive force and racial profiling.
In this type of motion, you are alleging the arresting police officer engaged in improper conduct. The Pitchess motion could force a prosecutor to hand over the officer's personnel file that might have evidence of relevant prior acts of misconduct.
If the judge grants the motion, they can suppress some evidence, but if there are relevant complaints, witnesses may be used to challenge the police officer's credibility.
Motion to Suppress Evidence
California Penal Code 1538.5 describes a motion to suppress evidence. If the judge grants his motion, it will normally result in the exclusion of crucial incriminating evidence against you. Thus, in most cases, the prosecutor will drop the charges.
During your preliminary hearing, your criminal defense lawyer will present a motion to dismiss due to insufficient evidence. This simply means your attorney states that there is not enough evidence supporting the charges and that the case should be dismissed.
What are the Potential Outcomes of a Preliminary Hearing?
It's crucial to note that in the vast majority of preliminary hearings in Los Angeles, the court will determine there is sufficient probable cause to charge you – meaning you will be held to answer for the charges. The case will be sent to another court within 15 days, where all future court dates will be held. Other potential but rare outcomes include the following:
- No probable cause found, and charges dismissed.
- Some charges were dismissed, but other charges will remain.
- Further evidence was discovered, and new charges added
- Judge reduces case from felony to a misdemeanor if a “wobbler.”
A reduction to a misdemeanor is normally based on the lack of severity of the crime and no criminal record. The judge also has the discretion to reduce felony cases even where they fall under California's three-strike law. A 'wobbler' is a term used to describe a crime that can be charged as either a felony or a misdemeanor, depending on the circumstances.
If you have been charged with a crime, your next step in preparing your defense is to contact our Los Angeles criminal defense lawyers to review your case. We will examine all the details to determine if there was sufficient probable cause.
Again, the level of proof required at a preliminary hearing is very low. We realize the procedures in a prelim favor the prosecutor, which is why you need a seasoned legal team on your side.
Cron, Israels & Stark is a team of highly experienced criminal defense lawyers located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025.
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