This is a good question about why they do a preliminary hearing. What are they used for?  What's the significance of a criminal case?  The reality is that a preliminary hearing is only available and utilized if the person is charged with a felony.

You're not entitled to a preliminary hearing if you're charged with a misdemeanor. Essentially, this means that the government and prosecutors must meet certain elements and establish a prima facie case when charging someone with different crimes.

It essentially amounts to a mini-trial, where prosecutors must present evidence through witnesses and other means at a hearing presided over by a judge.  The defendant is there.  The defendant's lawyer is present, and since the government bears the burden, they're the ones who call the witnesses.

The defense attorney gets to cross-examine the witnesses, and when the government has finished presenting all its witnesses, it should have been able to satisfy all the elements of each crime.

If they did, then the case would be moved to the next court, which would be the trial court, and the person would be entitled to a trial. At the end of the prosecution's case, at a preliminary hearing, the judge will ask the defense, "Do you have any affirmative defense?"

What the judge is asking is, will you be presenting any evidence?  Suppose you're going to try to put on evidence at a preliminary hearing. In that case, the defense will usually have to explain to the judge why you're calling those witnesses and what evidence you're proposing to put on, because he's not going to waste time here. After all, it is the preliminary hearing.

This means it will be a manageable event, and the judge will only allow you to present evidence if they believe it's a good use of time. So, what you'll have to do is say, I'm putting this evidence on to negate the elements of the crime and then explain to the judge what type of evidence you're putting on.

Or you're presenting this evidence to impeach the main witness in the case — to impeach their credibility — and once their credibility is impeached. I will argue that you shouldn't believe them, and therefore, the case should be dismissed.

Prosecutor Only Has To Prove Reasonable Suspicion

At a preliminary hearing, prosecutors must prove their case by a reasonable suspicion. So, that's not a very high standard.  That's not beyond a reasonable doubt, which is required at a trial.  Therefore, many preliminary hearings proceed fairly quickly.

I would say the average preliminary hearing in Los Angeles County is twenty or thirty minutes.  Where you start to get into lengthy preliminary hearings is where there's a lot of evidence, and there are real serious charges.

However, I would say that the purpose of the hearing is for the prosecutors to present their case, which is part of a law that requires them to conduct a preliminary hearing.  So, that's part of the purpose.

From a defense standpoint, the preliminary hearing is not just a procedural step, but a strategic opportunity. It can be used to either get the case dismissed, a challenging but not impossible feat, or to significantly damage the prosecutor's case and their witnesses. This hearing presents an opportunity for the defense to take control and actively shape the narrative of the case.

It's important to remember that people are testifying under penalty of perjury, providing a valuable opportunity to start building your defense.  A well-executed preliminary hearing can be a significant learning experience that can greatly benefit the defense's preparation for the trial.

The witness realizes they made mistakes at the preliminary hearing and attempts to modify their testimony. An effective cross-examiner can point out to the jury that the witness has already testified under penalty of perjury about an important issue and lied about it. They said something different at the preliminary hearing, where they put their hand up and swore to tell the truth.

Therefore, the preliminary hearing is not just a formality, but a powerful tool for a defense attorney during a trial. It can be used to show the jury that the witness lied during the preliminary hearing and is now changing their testimony at the trial, both under penalty of perjury.  This underscores the significant impact a preliminary hearing can have on the trial, empowering the defense.

Another way is, after the preliminary hearing — if you're trying to get a better deal or a better resolution for your client — you can show the prosecutors some of the inconsistencies between the preliminary hearing and evidence that you've developed through investigation, or the preliminary hearing and the police reports.

Maybe somebody said something totally different to the police than what they said during the preliminary hearing related to an important issue that the prosecutors are going to have to prove.

So, in my opinion, preliminary hearings are very important.  I don't just treat them as something I'm going to quickly go through.  I view it as an opportunity to cause harm or have the prosecutor's case dismissed.  That's the way the defense should utilize preliminary hearings. Contact the Hedding Law Firm for help.