What is a Preliminary Hearing?

A preliminary hearing is a court hearing where the State through the District Attorney has the burden of proof to show that probable cause exists to prosecute a criminal defendant.  The standard that the State must prove is whether a reasonable person would believe based upon the presented evidence that a crime occured and that the defendant is more likely than not the guilty party.  This is a very low legal standard.  Even if the State shows enough evidence for the Judge to find probable cause, it does not mean that the defendant is guilty.  In fact, the defendant remains innocent of all charges until proven guilty beyond a reasonable doubt and to a moral certainty by a jury of his or her peers.