602.932.7890
Free Consultation
After the Arrest
Preliminary Hearings
6 Steps Explained
Request Your PDF Copy Here
6 Things To Know About Preliminary Hearings
6 Things To Know About Preliminary Hearings
An arrest is just the beginning of a challenging and often bewildering journey through the criminal justice system. This path includes several critical milestones: booking at the police station, the initial court appearance to face charges and set bail, and possibly, time in jail if bail is unaffordable. The next crucial step? A “preliminary hearing” at the courthouse.
This guide sheds light on the pivotal moments you’ll encounter, particularly focusing on what to expect during the crucial preliminary hearing—an early yet decisive court date that can shape the course of your case.
When charged with a serious offense—one potentially leading to over a year in prison—you are granted the right to have the evidence against you reviewed, ensuring it’s substantial enough to warrant a trial. This vital evaluation occurs at your preliminary hearing.
Curious about what this means for you or your loved one’s case? Don’t navigate these troubled waters alone. Contact us today for tailored advice and robust defense strategies. We’re here to guide you every step of the way and protect your future. Call Now to learn more about what awaits at your preliminary hearing and beyond.
1. The purpose of a preliminary hearing is to ensure that the State has enough evidence to justify pursuing the charges against you and moving your case toward trial.
The preliminary hearing serves as a screening device to protect against unwarranted prosecutions and a safeguard against overreaching by the prosecutor. At the hearing, the prosecutor must demonstrate “probable cause.” That is, the prosecutor must present enough evidence to suggest to a reasonable person that you (the accused) committed the crime with which you are charged.
2. In general, the preliminary hearing occurs shortly after a defendant’s arrest and initial appearance in court (when he learns the charges against him and bail is set).
The exact timing will vary, depending on whether you are facing federal or state charges and whether you are being held in custody or are free on bail. For example, in federal court, the preliminary hearing must take place not later than 14 days after your initial appearance in court if you are being held in custody, and not later than 21 days after your initial appearance if you are out on bail. The time period might be slightly shorter or longer under state law.
3. The procedure for conducting a preliminary hearing is similar to a trial.
Both the prosecutor and your defense lawyer may be given an opportunity to make a brief opening statement. The prosecutor will then call witnesses. Typically, these witnesses will be police officers and investigators involved in your case, rather than eyewitnesses to the actual alleged crime. The witnesses will simply recite their reports for the judge, including any statements made to them by the alleged victim. Your defense lawyer will then cross-examine the witnesses to poke holes in their testimony and challenge the validity of the prosecutor’s case.
When the State has completed its presentation of evidence, your defense lawyer will have an opportunity to present witnesses and/or evidence on your behalf, but he may decline to do so. As a practical matter, defense counsel rarely presents evidence at the preliminary hearing because the dangers of revealing the defense strategy far outweigh the possibility of a “no probable cause” finding. When all the evidence has been presented, the lawyers will make closing arguments to the judge, who then will make a finding of “probable cause” or “no probable cause.”
6 Things To Know About Preliminary Hearings – Continued Below
Experienced Top-Rated Arizona Lawyers Protecting Your Rights and Your Future
Future First Criminal Law is your top choice for strong DUI and Criminal defense representation. With a focus on a limited number of clients, we dedicate our full attention to each case, ensuring personalized and effective legal solutions.
Why Choose Us?
- Client-Centric Approach: We understand your future is at risk and your well-being is our priority. We tailor our defense strategies to your unique circumstances, devoting time and attention to each client. We work diligently to develop a personalized, thorough defense giving you the best possible outcome.
- Free Virtual Phone Consultations: Schedule a free consultation to discuss your case and explore your legal options. We’re here to help. Your future matters and it is worth fighting for.
- Reasonable Flat-Fee Pricing: No hourly rates. Our flat fee is determined by the charge and the complexity of your case.
- Flexible Payment Plans: We offer payment plans to accommodate your financial situation, ensuring access to quality legal representation.
- Local Expertise and Experience: Serving exclusively in the Phoenix Area within Maricopa County, we bring in-depth knowledge of local laws and procedures to your case. Ranked the #112 fastest growing law firm in the U.S. in 2023, we have a proven track record of successful representation.
- Dedication to Defense: Our commitment to DUI & Criminal defense ensures we provide you with informed advocacy and steadfast representation.
- Video Updates from Your Lawyer: Detailed, personalized video updates from your lawyer will address your concerns/questions.
- Educate and Advocate: We believe in empowering our clients by providing comprehensive legal guidance and unwavering support throughout the legal process.
- 24/7 Case Support: Straightforward support from our legal team throughout your case. We are available via text, email or phone.
Protect Your Rights, Schedule a Complimentary Phone Consultation
If you’re facing DUI or other Criminal charges in Arizona, it’s crucial to enlist the help of an experienced criminal lawyer. At Future First Criminal Law, we’re dedicated to safeguarding your rights and freedoms. Contact us today to schedule your free consultation and take the first step towards a successful defense.
Preliminary Hearings – Continued
4. At the preliminary hearing, you have the constitutional right to remain silent, so the prosecutor cannot call you to the witness stand and force you to testify.
5. Your role at the hearing is to pay close attention to the evidence and to communicate any important information or questions privately to your lawyer.
Your lawyer may give you a pen and a notepad to keep track of the State’s case and to write notes, so you can communicate without being overheard.
6. Your defense lawyer has several goals at the preliminary hearing.
The goal of the hearing is to persuade the judge to issue a finding of “no probable cause” and get the charges dismissed. If the judge makes a finding of probable cause, then your case will continue toward trial. However, even with a probable cause finding, your lawyer may succeed in getting some (but not all) of the charges dismissed or getting the charges reduced or may be able to get your bail reduced. In addition, the preliminary hearing gives your criminal defense lawyer a glimpse into the prosecution’s theory of the case, its trial strategy, and the strength of its witnesses. This information will be particularly valuable as your case moves toward trial.
If you have any questions about Preliminary Hearings, please contact us. We’re available 24/7.
Joshua Black - Attorney
“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”
Alex
“⭐⭐⭐⭐⭐ 10 Stars first of all I want to say thanks to God for these great lawyers that help me in my DUI case I want to say thank you to Trevor for being 100% professional and their team of lawyers Andrea thank you Megan thank you. On the day of my court date I was really nervous but when I seen my lawyer Zach he was really professional give me good advise. I thought I was going to lose my job but Zach my lawyer help me reduce my jail sentence to less time I just want to say thank you for being so professional Zach great lawyer 100% I recommend him to anyone that needs help with their DUI cases and doesn’t matter what kind of DUI they will help you out a lot I will give them not only 10 Stars but a hundred more thank you future first criminal law I recommend them to anyone thank you.”
Dean
“Future First Criminal Law exceeded my expectations, on my first court appearance an old charge came up out of no where and the judge wasn’t going to let me leave. Ed got right on his phone and got it all cleared up! It is always best to have a private lawyer especially with criminal charges, the outcome will always be better and I highly recommend future first. Ed made a personal video breaking down my charges, the discovery, and my plea offer step by step. If you are questioning whether or not to get a lawyer, future first is the way to go 100%. You can’t put a price on freedom!! Thanks Ed!!!!“
Taz
“They helped me tremendously, I had some extreme charges for my DUI and assault case, they got me the best deal I could get. 1 day jail time. Based on what I couldve spent. They have a great team, they communicate well with you an guide you thru your entire ordeal. Ed Robinson was my lawyer. I highly recommend them!!“
Jesse
“Future First Criminal Law is an excellent firm. They helped me out with a case I had. They are friendly throughout the whole process. They are professional, thorough, and I would definitely recommend them to anybody who’s in need of their services. They also allowed me to set up payment plans which was greatly appreciated. Working with them took a lot of stress, and weight off the whole situation. I just recently had them help me with my set aside as well. Thank you Future First Criminal Law.”
Tyler
“Zach and his team were great! Right away after we spoke to Zach we felt a sense of relief from all of our worries and concerns. Being in a position to find an attorney isn’t always a fun thing to do. Thank you Zach and your entire firm for your constant updates and great communication. You never left us in the dark or wondering when we might have our questions answered. We will certainly refer your firm to anyone we know looking for your services. Thank you, for all your time and efforts for our case.”
Adam
“If I could rate Future First Crimal Law higher I would. After making the dumb mistake of getting a DUI they have been there for me every step of the way. There is nothing worse than going at this alone. You want someone in your corner during this stressful time and no one is better than Zach and his team there. They walk you through everything, keeps records of a what you need to do for the courts and sends it to them, and gets you the best case scenario sentence. Without them the consequences would’ve been much worse so very thankful to the team.”
Zat
“I am so grateful for the service I was given by all the Team of Future First Criminal Law and particularly Attorney ED Robinson, from the Day one of my appearances until the sentencing he was there encouraging me and the Defense he has taken on my behalf has made me more confident and all my stress and Depression was gone, I’m so thanks full for helping me in this terrible situation. I’ll be suggesting you to everyone in my situation. God Bless Future First Criminal Law; God Bless Attorney ED Robinson.“
Celeste
“I would just like to express the life changing help and support I received from the legal team at Future First! The endless hours and resources spent by these legal professionals really made a significant impact on my life. I’m so grateful for the help of the legal system and experts whom treated my case like it was their own. I truly know that they can do the same for you! Thanks again to everyone at Future First, words can’t even begin to express my gratitude for getting me the best possible outcome! Happy holidays. I’m happy to be spending mine with friends and family while continuing to be a contributing member of society.“
Josephine Hallam - Attorney
“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”
Arnie
“More than a year ago, I found myself in some serious legal trouble facing the possibility of a lengthy prison sentence. My fiancé, Jackie and I decided we needed a good attorney to help us maneuver through this difficult situation. We are not rich people and we were afraid that we would not be able to find a reliable and reputable firm at a price we could afford. We searched the internet and came across Future First Law Firm. When Jackie saw the high rating and many five star reviews she convinced me to give them a call. After a short conversation with Zach, we were both convinced we had found the right firm. It took over a year and several court appearances but Zach and his team stood by my side through it all and helped me get a great plea. It was a nerve-racking process, but Zach was always patient and ready to address any concerns we had. Thanks to Future First, we are excited about our plans for the future. If you find yourself in a legal mess, I highly recommend hiring Zach and his team.“
Dustin
“This team are absolute rockstars!!! They resolved my legal endeavors in a timely & affordable manner. Not only did they do everything I needed…but they basically took the reins with no inconvenience to myself and were on the ball with every step. I highly recommend their expertise!“
Ryan Renauro - Criminal Defense Attorney
“I can’t say enough good things about Zachary. I have had the privileged to meet him through professional channels and he has helped me out a ton with the knowledge he possesses, his experience, and his kind heart and willingness to go the extra mile to help.“
Top-Rated Lawyers in Phoenix Dedicated to DUI and Criminal Law
Positively Impacting Lives Through Effective Legal Advocacy, One Case At A Time!
At Future First Criminal Law, we provide strong DUI and Criminal defense representation, distinguishing us as a top choice in the Phoenix area. Focusing on a limited number of clients allows us to offer personalized attention to each case, understanding its unique intricacies. Acknowledging the high stakes involved, our devoted team diligently develops strong defense strategies tailored to each client’s needs, ensuring effective representation in court. Our goal is to level the playing field in the criminal justice system and help individuals avoid incarceration by offering valuable legal insights and unwavering support throughout the legal process. Committed to empowering our clients, we help navigate the complexities of the legal system to achieve favorable outcomes.