Preliminary Hearings
The term “preliminary hearing” (sometimes called a probable cause hearing, preliminary examination, PX, or prelim) refers to a hearing in which a judge decides whether probable cause exists to require a defendant stand trial for a charged crime. This does not mean the judge decides whether the defendant is guilty, but only whether the prosecution can present enough evidence to justify a belief that a crime occurred and that the defendant committed it. If the judge decides that the prosecution has sufficient evidence, then a defendant is “bound over,” meaning that the court will retain jurisdiction over the defendant until the case is either taken to trial or settled.
Preliminary hearings, often referred to as "prelims," require the prosecutor to show enough credible evidence to a judge to convince that judge to send the case on to trial.
The preliminary hearing tests the prosecutor's decision to bring the case and serves to protect individuals from unfounded criminal charges.
Most of the time, the defense lies low, questions witnesses, and tries to assess the strength of the prosecution's case. But every now and then, the defense wins.
Several sound tactical reasons can support a defendant's decision to waive the preliminary hearing and instead proceed to trial.
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