A preliminary hearing is a critical step in the criminal justice process. In this post, we’ll explain what happens at a preliminary hearing, when it takes place, and what you can expect as a defendant or juvenile involved in the process.
When Does a Preliminary Hearing Take Place?
In West Virginia, a preliminary hearing occurs in criminal cases in which the defendant is charged with a felony offense and in juvenile proceedings. A preliminary hearing must be held within 10 days after the initial appearance in front of the magistrate if the defendant is incarcerated or 20 days after the initial appearance if the defendant is not incarcerated or otherwise has been released on bond.
Similarly, a juvenile must be granted a preliminary hearing within 10 days after service of the juvenile petition if the juvenile is detained and 20 days after service of the petition if the juvenile is not detained.
What Happens at a Preliminary Hearing?
Both a preliminary hearing and the time period in which a preliminary hearing occurs can be waived. In West Virginia, a preliminary hearing is not constitutionally required. However, when a preliminary hearing is held, it is regarded as a “critical stage” at which a defendant has the right to counsel under the Sixth Amendment.
Preliminary hearings take place in front of a magistrate. The primary purpose of a preliminary hearing is to determine whether probable cause exists to hold the accused for trial. Preliminary hearings also serve to screen out cases in which prosecution is unwarranted.
There are two questions that a magistrate must answer at the preliminary hearing:
- Whether there is probable cause to believe that an offense was committed.
- Whether the defendant or juvenile committed it.
The State of West Virginia, acting through its prosecuting attorney, must prove both of these elements. Typically, a law enforcement officer will testify regarding his or her investigation. Occasionally, alleged victims and other witnesses will also testify, depending on the nature of the case.
What is the Purpose of a Preliminary Hearing?
The purpose of a preliminary hearing is to determine whether there is enough evidence for the case to proceed to trial. This is a safeguard for defendants, ensuring that they are not held accountable for crimes they did not commit without sufficient evidence. The magistrate evaluates the strength of the prosecution's case before allowing it to proceed to a higher court.
If the magistrate determines that probable cause exists, the case moves forward to the Circuit Court. If the magistrate finds insufficient evidence, the case may be dismissed, which can be a critical opportunity for the defendant to avoid further legal proceedings.
Testifying at a Preliminary Hearing
Any witness who testifies on behalf of the State of West Virginia is subject to cross-examination by defense counsel. An experienced criminal defense attorney will use this opportunity to “lock-in” testimony of the State’s witnesses. A witness is under oath when he or she testifies at a preliminary hearing, and their testimony can be utilized in later proceedings.
A defendant and a juvenile both have an absolute right to testify at a preliminary hearing and also have a right to call witnesses on their behalf. However, they will be subject to cross-examination by the prosecuting attorney. If the magistrate answers both of the above questions in the affirmative, then the case is transferred to the Circuit Court.
Can You Go to Jail at a Preliminary Hearing?
Yes, a defendant can go to jail after a preliminary hearing, but it depends on the circumstances. If the magistrate finds probable cause that a crime was committed and that the defendant committed the crime, the magistrate may order the defendant to remain in custody, pending further proceedings in Circuit Court. Alternatively, the defendant may be granted bail or be released on other conditions.
If a defendant is already incarcerated, the preliminary hearing will often take place to determine if there is enough evidence for the case to proceed. If the magistrate finds the evidence insufficient, the defendant may be released from jail. If the evidence is strong, the defendant may be held in jail until trial.
What Happens After a Preliminary Hearing?
After the preliminary hearing, if the magistrate finds that there is probable cause to continue the case, it will be transferred to Circuit Court for further proceedings. The defendant may then face additional hearings or even a trial, depending on the case’s progress.
If the magistrate finds insufficient evidence or no probable cause, the case may be dismissed, and the defendant can be released. In some cases, the prosecutor may choose to file additional charges or present new evidence to continue the case.
Differences in Juvenile vs. Adult Preliminary Hearings
While preliminary hearings for both juveniles and adults serve the same purpose of determining probable cause, there are some differences in procedure. Juvenile proceedings typically focus more on rehabilitation and less on punishment. Juveniles may have different rights during the preliminary hearing, such as greater confidentiality and protections against self-incrimination.
Additionally, the process for juveniles may involve a different set of procedures and may be more focused on the potential for diversion programs or treatment, rather than immediate trial.
What Happens if a Defendant Testifies at a Preliminary Hearing?
Defendants have the right to testify at a preliminary hearing, but they must carefully consider the decision before doing so. By testifying, the defendant can present their side of the story, challenge the evidence, and potentially influence the magistrate’s decision. However, they will also be subject to cross-examination by the prosecutor. An experienced criminal defense attorney can guide the defendant through this decision, ensuring they understand the risks and benefits of taking the stand.
Can a Preliminary Hearing Be Waived?
Yes, in some cases, a defendant or juvenile may choose to waive their right to a preliminary hearing. This means they agree to move forward with the case directly to Circuit Court without a magistrate evaluating the evidence. Waiving the preliminary hearing can sometimes be a strategic decision made by the defense, but it also means the defendant loses the opportunity to challenge the prosecution's case early on.
Common Mistakes Defendants Make at Preliminary Hearings
- Failing to Retain an Attorney Early: Having legal representation at a preliminary hearing is crucial. Without an attorney, the defendant may not fully understand their rights or how to challenge the evidence.
- Testifying Without Legal Advice: Some defendants may be tempted to testify in their own defense, but it is often better to remain silent or have the attorney present to help craft the defense strategy.
- Not Challenging Weak Evidence: It is essential for a defense attorney to carefully scrutinize the prosecution’s evidence and witness testimony. Weaknesses in the prosecution’s case should be exposed at the preliminary hearing to prevent the case from moving forward to trial.
Why a Preliminary Hearing Matters and How Legal Representation Can Help
A preliminary hearing is a crucial stage in the criminal process that determines whether a case will proceed to trial. Understanding what to expect and how to navigate this process with the help of an experienced criminal defense attorney can make a significant difference in the outcome of a case.
At The Moore Law Firm, PLLC, we have extensive experience handling criminal defense cases and protecting the rights of our clients during preliminary hearings. If you or a loved one is facing a preliminary hearing, contact us today for a free consultation. Let us help you understand your rights and explore your best options moving forward.