When you are arrested and charged with a crime, the legal process includes many steps and regulations. The preliminary hearing plays a crucial role in determining whether or not a case should proceed to trial. It is crucial that you fully understand the legal process and your rights when being charged with a criminal offense. For more information and skilled legal representation, reach out to a Bergen County criminal defense attorney today.
A preliminary hearing, often referred to as a probable cause hearing, is a legal proceeding held at the start of a criminal case to determine whether there is enough evidence for the case to proceed to trial.
Before time and resources are used attempting to prosecute an individual, it has to be decided whether the charges are worth pursuing. In order to secure a guilty verdict, the prosecution must provide ample evidence and strong arguments convincing the jury that the defendant committed the crime. The preliminary hearing allows the judge to evaluate the evidence held by both the prosecution and defense and decide whether the evidence is sufficient enough to support the charges.
It is important to note that in a criminal trial, the prosecution bears the burden of proof, meaning that they must convince a jury beyond a reasonable doubt that the defendant is guilty. However, the standard of proof at the preliminary hearing is not as stringent. Instead, the judge must find that there is probable cause to believe that the crime was committed and that the defendant committed it.
When an individual is arrested for a crime, the first steps they will encounter generally include an arraignment and the setting of bail. An arraignment is the initial appearance where a judge informs the defendant of the charges against them and they can enter a plea of guilty or not guilty. The judge will also decide whether the defendant is eligible for bail. If they are, the judge will set the amount.
The next step is the preliminary hearing. If the defendant is being held in custody, the preliminary hearing must be held within 14 days of the arraignment. If they are released on bail, however, it must be scheduled within 21 days of the arraignment.
No, preliminary hearings are not always required in every criminal case. First, defendants can waive their right to a preliminary hearing if they choose. New Jersey’s legal system may also use the Grand Jury system instead of a preliminary hearing.
A grand jury is a panel of 23 citizens who are presented with the evidence and determine if there is sufficient evidence to indict the individual for their crimes. If there is, the case will likely proceed to trial. If there is not, the case could be dismissed or the charges downgraded to a lesser offense.
To learn more, reach out to an experienced criminal defense attorney today.
© 2026 The Law Office of Kevin T. Conway. All rights reserved.
