What is a Preliminary Hearing in a Criminal Case?
What is a Preliminary Hearing?
A preliminary hearing, also known as a prelim, is used to review the evidence against the accused to determine if there is sufficient evidence to have the defendant tried for the crime with which they have been charged. This preliminary hearing is held in a local court, typically a municipal or police court. It is important for anyone involved in a preliminary hearing to understand that there will not be a verdict of guilty or not guilty delivered at this hearing. Instead, this hearing is used to decide whether or not there is enough evidence present to proceed to a trial. The judge will be deciding whether “probable cause” is present, defined as whether the government (or prosecution team) has produced enough evidence of the defendant’s guilt in the eyes of a reasonable jury. Probable cause is different than reasonable doubt, used to prove the defendant’s guilt. Probable cause is used to define the standard to force the defendant to stand trial. Reasonable doubt is used to define the guilt of the defendant.
Preliminary hearings typically occur within a few days of the arraignment process. The prosecution won’t reveal their full strategy, and will only present the evidence they feel is necessary to proceed to a full trial. This is a fine line between revealing enough evidence to move forward with a trial and not showing all of their cards to the defense team. The defense typically withholds their evidence until trial unless they feel they can show enough evidence to get the charges dismissed. A judge will decide whether or not enough evidence is present to move forward and direct the case to the appropriate location for trial if they feel it is appropriate. The judge will dismiss the charges if there isn’t sufficient evidence to move forward.
We know what it takes to turn experience into results. Our attorneys understand how prosecutors think, how to challenge the evidence, and when to negotiate or take your case to trial. Every strategy is built around putting you in the strongest possible position.
But we don’t just know how to win—we have a track record that proves it. With more than 30 years of experience and thousands of clients represented, our results speak for themselves.
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A History of Successful Defenses
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Not Guilty State v. A - Not Guilty on Attempted Rape, Forcible Sex Abuse, Kidnapping, Assault
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Not Guilty State v. A - Not Guilty on Attempted Rape, Kidnapping & Assault
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Dismissed State v. F - Aggravated Sexual Assault, Aggravated Kidnapping Dismissed
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Dismissed State v. F - DV & Aggravated Assault Charges Dismissed
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Dismissed State v. F - Protective Order Violation Charges Dismissed
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Dismissed State v. F - Violation of Protective Order Dismissed
Facing a Preliminary Hearing in Utah? Here’s What You Need to Know
If you’ve recently been charged with a crime in Salt Lake County or nearby areas, you’re probably asking yourself: What happens next? One of the most critical steps in the criminal justice process is the preliminary hearing. It may sound intimidating, but understanding what to expect can make all the difference.
Wasatch Defense Lawyers have helped thousands of Utah residents prepare for and win their preliminary hearings. Here, we break it down in simple terms so you can feel informed, empowered, and ready.
During the Preliminary Hearing
During a preliminary hearing, the judge will first listen to the arguments made by the government or prosecution team. The prosecution may call witnesses to testify during the hearing and produce physical evidence to support their case that the defendant should be forced to stand trial. The defendant, usually through an attorney, can provide a rebuttal to this evidence as well as cross-examine any of the evidence that the prosecution team produces. They may seek to dismiss the charges at the preliminary hearing before the case even reaches trial.
Why Choose Wasatch Defense Lawyers
Hire at Team You Can Count On
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Largest Criminal Defense Team in the History of the State
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100+ Years of Combined Criminal Defense Experience
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Fewer than 1% of its clients have been sent to prison
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Over 650 Trials Handled
our winning strategy
4 Steps to a Positive Outcome
Every case is different. At Wasatch Defense Lawyers, we thoroughly investigate the facts, examine the evidence, and identify weaknesses in the prosecution’s case. Our attorneys evaluate every available option, from challenging improper procedures and suppressing evidence to negotiating reduced charges or preparing for trial. With decades of combined experience and hundreds of trials, we approach each case strategically and aggressively. Whether pursuing dismissal, reduced charges, or a favorable trial outcome, we build a defense focused on protecting your rights, freedom, and future.
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1Laying the GroundworkWe prepare before the fight begins. Decades of experience, deep legal knowledge, and strong relationships with prosecutors and judges give us the foundation to build a smarter, more targeted defense.
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2Discussing The DetailsEvery detail matters. We dig deep into your case, examining reports, records, evidence, and your side of the story to uncover the facts that can shape your defense.
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3Building Your CaseWe challenge what the prosecution thinks it knows. We scrutinize the evidence, investigate police procedures, expose weaknesses, and develop a defense strategy built specifically for your case.
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4Obtaining Positive ResultsWe pursue the outcome that puts you in the strongest position. Whether through aggressive negotiation or a meticulously prepared trial defense, we fight to reduce charges, protect your future, and achieve the best result possible.