The most common result of a preliminary hearing is that the case is bound over for trial. In a preliminary hearing, the prosecution presents evidence to a judge to demonstrate that there is probable cause to believe that the defendant committed the crime(s) charged. If the judge finds that probable cause exists, the case will be “bound over” or “held over” for trial in a higher court
There are several possible outcomes of a preliminary hearing, depending on the specific circumstances of the case…
- Case Bound Over for Trial – If the judge finds probable cause, the case will proceed to trial in a higher court, where the defendant will have the opportunity to enter a plea and present a defense.
- Dismissal – The judge may determine that there is insufficient evidence to establish probable cause, and the case may be dismissed. This typically occurs if the prosecution fails to present enough evidence to support the charges.
- Modification of Charges – The judge may also decide to modify the charges based on the evidence presented during the preliminary hearing. For example, the judge may dismiss some charges while allowing others to proceed to trial.
- Remand for Further Investigation – If the judge determines that additional evidence or investigation is needed to establish probable cause, the case may be remanded back to law enforcement or the prosecution for further investigation before a decision is made on whether to proceed to trial.
The specific outcome of a preliminary hearing will vary depending on the facts and legal issues involved in each case.
