The Preliminary Hearing

After an arrest, the defendant will need to appear at an open court hearing called an arraignment in order to enter his or her plea. If the plea is not guilty, the defendant is requesting a trial before a jury or – if he or she waives the right to a trial by jury – only a judge. The next step in the legal process will likely be a preliminary hearing. This is where a judge determines whether the prosecution has enough evidence against the accused to continue the trial.

Not every case involves a preliminary hearing. The defendant can choose to skip this step and go straight to trial. By doing so, he or she is admitting that there is sufficient evidence against him or her for the prosecution’s charges to be reasonable. You are strongly advised to discuss your case with an experienced Rhode Island defense lawyer before making any choices about your preliminary hearing.

Probable Cause

The prosecution needs to demonstrate two things at a preliminary hearing: a crime was committed, and there is good reason to believe that the defendant committed it. The standard of evidence at these hearings is lower than it would be during a trial. Instead of proving the defendant’s guilt beyond a reasonable doubt, the prosecution only needs to show that they have probable cause to try him or her.

“Probable cause” essentially refers to any information that makes the defendant seem potentially guilty. Types of evidence that would not be admissible in a trial are allowed in a preliminary hearing, such as hearsay and items that police may have obtained illegally. Because of this, legal advice from a Rhode Island preliminary hearing attorney can be vital to your case.

Contact Us

Rhode Island expungement lawyer James Powderly can help you protect yourself from unfair prosecution tactics and other violations of your legal rights. Contact us today at 401-662-9006.