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Dictionary.law.com preliminary hearing n. in criminal law, a hearing to determine if a person charged with a felony (a serious crime punishable by a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime. A preliminary hearing is held in the lowest local court (municipal or police court), but only if the prosecutor has filed the charge without asking the Grand Jury for an indictment for the alleged crime. Such a hearing must be held within a few days after arraignment (presentation in court of the charges and the defendant's right to plead guilty or not guilty). Since neither side wants to reveal its trial strategy, the prosecution normally presents only enough evidence and testimony to show the probability of guilt, and defendants often put on no evidence at all at the preliminary hearing, unless there is a strong chance of getting the charges dismissed. If the judge finds sufficient evidence to try the defendant, the case is sent to the appropriate court (variously called superior, county, district, common pleas) for trial. If there is no such convincing evidence, the judge will dismiss the charges. In the "Perry Mason" television series, the courtroom scenes were almost always of preliminary hearings.

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What is a preliminary hearing? A preliminary hearing is a court proceeding where the Crown prosecutor must present enough evidence in your case to convince a judge that, based on such evidence, a judge could find you guilty. The defence lawyer will have an opportunity to cross-examine witnesses on their evidence and argue to the judge after the Crown attorney has presented evidence, that there is not enough evidence to lead to a possible finding of guilt. If the prosecutor cannot satisfy the judge of that, the case will be dismissed. In most cases the crown satisfies the judge that there is enough evidence for a trial and trial date will be set.

DA...what's the difference between an arraignment and a preliminary hearing? I thought one was where you get the defendant to state his plea and the other was to determine if there was enough evidence to continue to trial.

arraignment

A court appearance in which the defendant is formally charged with a crime and asked to respond by pleading guilty, not guilty or nolo contendere. Other matters often handled at the arraignment are arranging for the appointment of a lawyer to represent the defendant and the setting of bail.

preliminary hearing

In the trial court context, a legal proceeding (other than a full-scale trial) held before a judge. During a hearing, evidence and arguments are presented in an effort to resolve a disputed factual or legal issue. Hearings typically, but by no means always, occur prior to trial when a party asks the judge to decide a specific issue--often on an interim basis--such as whether a temporary restraining order or preliminary injunction should be issued, or temporary child custody or child support awarded. In the administrative or agency law context, a hearing is usually a proceeding before an administrative hearing officer or judge representing an agency that has the power to regulate a particular field or oversee a governmental benefit program. For example, the Federal Aviation Board (FAB) has the authority to hold hearings on airline safety, and a state Worker's Compensation Appeals Board has the power to rule on the appeals of people whose applications for benefits have been denied.
See Topic: Lawsuits & Mediation

We are in the Prelim Hearing.....