Understanding the Role and Importance of Preliminary Hearings in Virginia
- Mario Lorello
- 5 hours ago
- 4 min read
The criminal justice process in Virginia hinges on many pivotal moments, but few are as significant as the preliminary hearing. This hearing acts as a crucial checkpoint for both the prosecution and defense, allowing them to gauge the robustness of the evidence before a case advances to trial. By grasping the purpose and significance of a preliminary hearing, defendants and their legal teams can navigate the complexities of the legal system with more confidence.
What is a Preliminary Hearing?
A preliminary hearing is a critical legal step that takes place after a defendant has been formally charged but before the actual trial starts. Specifically in Virginia, this hearing assesses if the evidence is strong enough to proceed with the case. The judge reviews the prosecution's evidence to determine whether it meets the necessary criteria for moving forward.
Unlike a full trial, a preliminary hearing focuses solely on whether there is enough evidence for the case to continue. If the judge determines that the evidence is insufficient, the case may be dismissed. This potential outcome can be a powerful advantage for the defense, potentially saving considerable time and resources.
However, the standard is "probable cause." If you think of it like a football field, it is the 50 yard line. It is the same standard someone is arrested on, and it is significantly lower than "proof beyond a reasonable doubt." Accordingly, the majority of cases that proceed to a preliminary hearing are certified to the grand jury for trial. But that doesn't mean a preliminary hearing is not important...
The Purpose of a Preliminary Hearing
The primary aim of a preliminary hearing is to establish whether there is probable cause to believe that a crime has occurred and that the defendant is the person who committed it. To meet this standard, the evidence presented must suggest that it is more likely than not that the defendant is guilty of the charges.
During the hearing, the prosecution typically presents various forms of evidence, including
Witness testimony
Documents
Physical evidence
The defense has the right to cross-examine witnesses, providing an opportunity to challenge the evidence being presented. Securing witness testimonies at this early stage is vital. For instance, if a witness later changes their story, the defense can use their original testimony against them during the trial, making it an essential part of their strategy.
Therefore, the most important purpose of a preliminary is to lock a witness into their story.
Locking Witnesses into Their Stories
A notable function of the preliminary hearing is to lock in witness statements. When witnesses testify under oath, their statements are officially recorded. A witness cannot later change their story or they will be accused of perjury. It is a significant issue for jurors to hear that a witness at a trial testified differently, under oath, at the preliminary hearing.
Having a court reporter present is crucial. Remember, a preliminary hearing occurs in the General District Court, which is a "Court Not of Record." Therefore, typically a court reporter is not present. But your attorney will ensure that one is present, or record the proceeding himself. The reporter creates a verbatim record of proceedings, which serves as a valuable reference for the defense. For example, if a witness later contradicts their preliminary testimony, the defense can confront them with their transcript, enhancing their position in court and bolstering their case.
The Standard of Evidence
At a preliminary hearing, the required standard of evidence is similar to that of an arrest. The prosecution must show there is probable cause to believe the defendant committed the crime, which is a lower benchmark than what is needed for a conviction at trial—where guilt must be proven beyond a reasonable doubt.
This distinction is crucial for defendants to grasp. If the judge finds that the presented evidence falls short of meeting the probable cause threshold, the case can be dismissed. However, the prosecution could still proceed forward with what's called a "Direct Indictment," where they send the charge to the grand jury anyway. Your attorney will discuss this option with you. However, in practice, a dismissal at the preliminary hearing stage causes a prosecutor to reevaluate their case.
Additionally, the preliminary hearing can act as a negotiation platform. If the prosecution recognizes significant flaws in their case, it may lead to plea negotiations. In fact, data shows that around 80% of cases reach a resolution through plea deals rather than going to full trial, often influenced by findings from preliminary hearings.
Final Thoughts
Preliminary hearings in Virginia are essential elements of the criminal justice process. They help determine if sufficient evidence exists to justify proceeding with a case, and they offer invaluable opportunities for the defense to challenge the prosecution's evidence. By recognizing the necessity of hiring a court reporter and understanding the pivotal role of the preliminary hearing, defendants can equip themselves to tackle the challenges ahead. Ultimately, a deep understanding of this crucial legal step can significantly impact the outcome of a case.
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Zoby & Broccoletti has been serving the Hampton Roads community for over 40 years. Our lawyers are considered the premier, go-to defense attorneys in the region. We handle all matters of cases, so whether you are charged with a misdemeanor, DUI, firearms charges, drug charges, sexual assault, burglary, white-collar crimes, robbery, or murder, we have the experience and the skill to help. We appear in courts all over Virginia, including Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, Franklin, Hampton, Newport News, Southampton, Northampton County, Accomack, York, Williamsburg, and beyond. Our attorneys also have vast experience in federal court.
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