What to Expect During a Preliminary Hearing in Indiana

A preliminary hearing is one of the most pivotal moments during your criminal case, dictating whether the case will move forward or not. An experienced Indianapolis criminal defense lawyer from The Criminal Defense Team can represent you during this hearing and help you prepare for it.  

Purpose of a Preliminary Hearing

The purpose of a preliminary hearing is to determine if there is sufficient evidence for the case to proceed. The prosecutor has the burden of proof in this case. For the case to move forward, the prosecution must show there is enough evidence to charge the defendant, not to convict the defendant. 

What Happens During a Preliminary Hearing?

A preliminary hearing is like a mini-trial. The prosecution calls witnesses and introduces evidence. The prosecution typically only presents enough evidence to meet their evidentiary burden to demonstrate to the presiding judge that there is sufficient information to support the charges. For example, only an investigating police officer might be called at a preliminary hearing. They may later present additional evidence in the trial.

During the preliminary hearing, your criminal defense attorney can cross-examine witnesses. However, sometimes there are strategies to not cross-examine them. Your lawyer could also present evidence at the preliminary hearing to help show the prosecution does not have enough evidence to support the criminal charges.

The evidence that a prosecutor can present during the preliminary hearing may be allowed in this setting even if it cannot be presented at trial. The defense cannot object to the presentation of this evidence. 

Potential Outcomes of a Preliminary Hearing 

After the preliminary hearing, the judge determines whether there is probable cause to believe you committed the crime. Possible outcomes after a preliminary hearing include the following:

• Proceeding with the case: The court can determine there is enough evidence in the case for it to move forward. If this occurs, the court can schedule the next hearing dates in your case.
• Dismissing charges: The judge could determine there is not sufficient evidence to move forward with the case and dismiss the charges against you. 
• Reducing charges: The court could determine that there is not sufficient evidence to support the existing charges and could reduce them to less serious charges. 
• Reducing bond requirements: If you are incarcerated awaiting trial, the judge could review and reduce your bond requirements.

Before your preliminary hearing, your criminal defense lawyer can prepare, explain the process to you, and devise a specific legal strategy for your case. 

Contact The Criminal Defense Team for Help with Your Preliminary Hearing

The board-certified criminal trial specialists at The Criminal Defense Team of Baldwin Perry & Wiley PC can assist with your preliminary hearing and other criminal proceedings in your case. Your lawyer can help develop a tailored defense strategy to increase the chances of a positive outcome. They can meet with you to discuss your objectives and strategies to try to achieve them. Contact us today for legal advice and representation in your criminal matter.