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preliminary hearing :: legal definition


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.

See also: arraignment charge Grand Jury information and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers
charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services.
circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal.
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling.
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
diversion :: n. in criminal procedure, a system for giving a ch ... second offense. See also: probation
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
grand larceny :: n. the crime of theft of another's property (inclu ... f the loot. See also: larceny theft
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
indictable offense :: n. a crime (offense) for which a Grand Jury rules ... o commit them. See also: indictment
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
jury tampering :: n. the crime of attempting to influence a jury thr ... e also: jury subornation of perjury
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers
peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate
perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood.
permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction
petit jury :: n. old-fashioned name for the jury sitting to hear ... r duties. See also: Grand Jury jury
plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing
preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence
presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R.
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
summons :: n. a document issued by the court at the time a la ... use service service of process writ
suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact.
true bill :: n. the written decision of a Grand Jury (signed by ... to the court. See also: indictment
turn states' evidence :: v. for a person accused of a crime to decide to gi ... recommendation of a light sentence.
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment.
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness
youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent

Popular Law Searches

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Other Law Terms - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander
panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire
paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto
parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.