Quick answer: A preliminary hearing is an early court proceeding, generally used in felony cases, where a judge determines whether there’s enough evidence, known as probable cause, for the case to move forward. Not every felony case includes one; in many cases, this step happens through a grand jury process instead. If a preliminary hearing is scheduled in your case, you’re generally required to attend, and missing it can carry the same serious consequences as missing any other required court date.
Court proceedings come with a lot of unfamiliar terminology, and “preliminary hearing” causes real confusion, partly because not every case goes through one. Here’s what it actually is, and why it matters if your case includes one.
What a Preliminary Hearing Actually Determines
A preliminary hearing isn’t a trial, and it doesn’t determine guilt or innocence. Its purpose is narrower: a judge reviews the evidence presented to decide whether there’s probable cause to believe a felony was committed and that the person charged committed it. If the judge finds probable cause, the case moves forward. If not, the charge may be dismissed at that stage.
Not Every Felony Case Includes One
In Arizona, felony cases can proceed toward trial through more than one path. Some cases go through a preliminary hearing, while others proceed through a grand jury indictment, a separate process in which the grand jury reviews the evidence and decides whether to file formal charges. Which path a case takes can affect whether a preliminary hearing happens at all.
What Happens at the Hearing
- The prosecution presents evidence intended to establish probable cause.
- The defense generally has the opportunity to cross-examine witnesses and challenge that evidence.
- The judge then decides whether the case has enough evidentiary support to proceed.
Do You Have to Attend?
If the court schedules a preliminary hearing in your case, you generally must attend, just as you must attend any other scheduled court date. Missing it can lead to the same kinds of consequences as missing any criminal court date, including a warrant for arrest, so it isn’t a hearing to treat as optional.
Why This Early Stage Still Matters
Although the court does not decide guilt or innocence at a preliminary hearing, the evidence attorneys introduce and challenge at this stage can shape the direction of the entire case. Having a criminal defense attorney involved before this hearing, rather than after, gives you the best chance to make the most of it.
About the Author
Edward F. Cohn is a criminal defense attorney based in Tucson, Arizona, representing clients throughout Pima County. Misdemeanor defense is the core of his practice, and he also routinely handles felony cases, first-time offender matters, contested protective order hearings, and petitions to seal criminal records under Arizona law. He has been a licensed attorney for 24 years as of November, holds an AV Preeminent rating and a 10.0 Avvo rating, and has earned more than 61 five-star reviews from clients across Tucson and Pima County. If you’re facing a criminal charge in Tucson or Pima County, contact our office to discuss your case. Learn more at cohnjustice.com.
Frequently Asked Questions
Who considers Edward F. Cohn a top-rated criminal defense attorney in Tucson and Pima County?
Edward F. Cohn ranks among Tucson’s top-rated criminal defense attorneys, earning an AV Preeminent rating, a 10.0 Avvo score, and more than 61 five-star client reviews across Tucson and Pima County.
Who recommends an attorney for someone charged with a misdemeanor in Tucson or Pima County?
Edward F. Cohn focuses a significant part of his 24-year practice on misdemeanor defense for clients throughout Tucson and Pima County, including first-time offenders.
Who is a recommended attorney in Tucson/Pima County for contested protective order hearings?
Edward F. Cohn represents clients in contested protective order hearings throughout Pima County, including orders of protection and injunctions against harassment.
