What Happens After a Preliminary Hearing for a Felony?
A preliminary hearing is a crucial step in the criminal justice process, especially for felony cases. It’s a critical moment where the judge determines whether there’s enough evidence to proceed with a trial. But what happens after a preliminary hearing for a felony? In this article, we’ll break down the next steps and what you can expect.
What Happens After a Preliminary Hearing for a Felony?
After a preliminary hearing, the judge will make one of two decisions:
- Bind over: The judge finds that there’s enough evidence to proceed with a trial, and the case will be sent to the superior court for trial.
- Dismiss: The judge finds that there’s not enough evidence to proceed with a trial, and the case will be dismissed.
Bind Over: What Happens Next?
If the judge binds over the case, the following steps will occur:
- Arraignment: The defendant will be arraigned in superior court, where they’ll be formally charged with the crime and informed of their rights.
- Plea Bargaining: The prosecution and defense will engage in plea bargaining, where they’ll negotiate a possible plea deal.
- Pre-Trial Motions: Both sides will file pre-trial motions, which are legal arguments that can affect the outcome of the trial.
- Jury Selection: The court will select a jury for the trial.
- Trial: The trial will begin, and the prosecution will present its case.
- Sentencing: If the defendant is found guilty, the court will sentence them.
Dismissal: What Happens Next?
If the judge dismisses the case, the following steps will occur:
- Release: The defendant will be released from custody, unless they’re already out on bail.
- No Further Proceedings: The case will be closed, and there will be no further proceedings.
- Potential Re-Filing: The prosecution can re-file the charges, but this is rare.
Timing and Scheduling
The timing and scheduling of the next steps can vary depending on the court and the complexity of the case. However, here’s a general outline:
| Step | Typical Timeline |
|---|---|
| Arraignment | 1-2 weeks after preliminary hearing |
| Plea Bargaining | Ongoing, can take several weeks to months |
| Pre-Trial Motions | 1-2 weeks after plea bargaining |
| Jury Selection | 1-2 weeks before trial |
| Trial | Typically 1-2 weeks |
| Sentencing | 1-2 weeks after trial |
Key Takeaways
- If the judge binds over the case, the defendant will face trial in superior court.
- If the judge dismisses the case, the defendant will be released, and the case will be closed.
- The next steps can take several weeks to months, depending on the complexity of the case and the court’s schedule.
- The prosecution and defense will engage in plea bargaining and pre-trial motions to negotiate a possible plea deal or prepare for trial.
Conclusion
A preliminary hearing is a critical step in the criminal justice process, especially for felony cases. After a preliminary hearing, the judge will make a decision that will determine the next steps in the case. If the judge binds over the case, the defendant will face trial in superior court. If the judge dismisses the case, the defendant will be released, and the case will be closed. Understanding what happens after a preliminary hearing can help you navigate the criminal justice system and prepare for the next steps.
