Q: What is a preliminary hearing?

A preliminary hearing only takes place in a felony case. Misdemeanor cases, on the other hand, are immediately set for trial without the first step of a preliminary hearing.

A preliminary hearing is a "mini-trial" at which testimony is given under oath. The judge, defendant, defense lawyer, prosecutor and any subpoenaed victims or witnesses are present.

At the preliminary hearing, the prosecutor must produce sufficient evidence to convince the judge that: (1) a felony has been committed; and (2) probable cause exists to believe the defendant did it.

During the preliminary hearing, the prosecutor will present the testimony of each witness by asking questions. The defense lawyer will then be given the opportunity to "cross-examine" the witness by asking additional questions. The defense lawyer may also call his own witnesses, if he chooses.

If the judge finds that the prosecution has shown by probable cause that a felony was committed and this defendant did it, the defendant will be "bound over" to appear in front of a Circuit Judge for trial.

Sometimes a defendant will waive (not demand) the preliminary hearing. When this happens, the defendant will be "bound over" to the Circuit Court without a preliminary hearing.