If you have been charged with a felony, you do not automatically have to stand trial. Your charges might be dismissed before it ever gets to that point. What happens at the preliminary hearing (or grand jury proceeding) is that a prosecutor has to establish that there is probable cause that you committed the offense. Otherwise there is no justification for a trial. A preliminary hearing is when a judge weighs the evidence presented and decides whether or not the case will go to trial. A grand jury proceeding involves no judge, only a jury that decides whether or not there is probable cause. If they deem that there is probable cause, then the state will indict the defendant, which will lead to a trial.

When someone is arrested for a felony, then that person should have a preliminary hearing (or grand jury proceeding) within days, else they have to be released. The deadline for the hearing will depend on the laws of that state. If the defendant is released on bail, or through what is known as "own recognizance", then the preliminary hearing has a much less stringent deadline. Still, the Sixth Amendment safeguards a defendant's right to a speedy trial. Your case could get dismissed if this right is violated. If a court or prosecutor set up a preliminary hearing that is months or years after your arrest, a judge might view this as an unreasonable delay and then dismiss the case.

Once at the preliminary hearing itself, the process looks very much like a standard criminal trial. A prosecutor would call on witness testimony and use physical evidence to show that there is probable cause that the defendant actually committed that crime. This part could be much shorter than in a trial, however, especially since a prosecutor who is ready to go to trial will probably keep some important evidence back, not showing it to the defense yet. The standard for evidence is also much less strict for a preliminary hearing than for a trial. A prosecutor is allowed to present hearsay, for example. The exact rules of your preliminary hearing would rest on the laws in your state.

Even though this hearing is not a full-fledged trial, you still have the right to an attorney. If you want an attorney, then there cannot be a preliminary hearing until you have an attorney. Ideally, you could retain private counsel, someone who can explain your legal rights and counter the evidence in the preliminary hearing so that there is no need for a trial. Your lawyer can further advise you about whether or not it would be a good idea for you to testify at the preliminary hearing.

Do you have to have a preliminary hearing? Not usually. You can ask to waive this, but this is never something you want to do until you have consulted an excellent criminal defense attorney about this option. This is may be advisable only when it is certain that the prosecutor has enough evidence to send the case to a trial, in which case a lawyer might not want to air all the evidence to the public yet. Another reason you might not need a preliminary hearing is if you can reach a plea deal. Again, this is only advisable if you fully know what you are doing; an attorney can help you look at all your options. If a plea bargain is the way to go, he or she might be able to further lessen the sentence you would receive.

Your preliminary hearing is likely fast approaching if you have been charged with a felony offense. To understand more about your legal rights and how to defend your criminal charges, do not wait to find the best criminal defense lawyer possible.