preliminary hearing

A preliminary hearing is an adversarial step in a criminal case where the court decides if there is enough evidence to continue. A magistrate often oversees the hearing. The prosecution presents witnesses, and the defense may do the same. Both sides can question the other’s witnesses. If the evidence does not show probable cause, the court may dismiss the charges.

See: Federal Rules of Criminal Procedure - Title II. Preliminary Hearings - Rule 5.1 Preliminary Hearing

[Last reviewed in July of 2025 by the Wex Definitions Team] 

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