What Happens at a Preliminary Hearing in California?

If you or someone in your family has been charged with a felony in Fresno or anywhere in the Central Valley, one of the first major events in the case is the preliminary hearing. It is not the trial, and it does not decide guilt or innocence, but it can shape everything that happens afterward — including whether the case moves forward at all, and on what charges. Understanding what happens at this hearing, and what your defense attorney can do there, matters from the very first days of the case.

A preliminary hearing moves quickly, and the decisions made in the days leading up to it are often just as important as what happens in the courtroom. Mark Broughton has practiced criminal defense in Fresno for 40 years and is certified by the State Bar of California as a Criminal Law Specialist, a credential the State Bar awards to a limited number of attorneys who demonstrate advanced experience and knowledge in criminal law. This article explains, in plain language, what a preliminary hearing is, what to expect, and how experienced defense counsel can use it.

What Is a Preliminary Hearing?

A preliminary hearing is a court hearing held in felony cases to decide whether there is enough evidence for the case to move forward to trial. It is sometimes called a “prelim.” Misdemeanor cases do not have preliminary hearings — this step exists only for felonies, because felony charges carry the possibility of state prison and the law requires an extra checkpoint before a person can be forced to stand trial on them.

A judge, acting as what the law calls a magistrate in this role, presides over the hearing. There is no jury. The judge’s only job at this stage is to decide whether the case is strong enough, on paper, to continue — not whether the defendant is guilty.

What the Prosecution Must Show

At a preliminary hearing, the prosecution does not have to prove guilt “beyond a reasonable doubt,” the standard used at trial. Instead, the prosecution only has to show probable cause — enough evidence to lead a reasonable person to believe that a crime was committed and that the defendant committed it. This is a much lower bar than the standard used at trial, and it is one reason preliminary hearings usually move faster and involve less testimony than a full trial.

Because the standard is lower, the prosecution often presents a limited case at the preliminary hearing — sometimes just the investigating officer, testifying about the investigation, rather than every witness who might eventually testify at trial. California law allows certain hearsay testimony (a witness testifying about what someone else told them, rather than that person testifying directly) to be used at a preliminary hearing in ways it generally cannot be used at trial. That is one of several ways this hearing works differently from a trial, discussed further below.

Who Is in the Courtroom, and What Happens

A preliminary hearing typically includes:

• The judge (magistrate)
• The prosecutor, representing the Fresno County District Attorney’s office (or, for federal charges, the U.S. Attorney’s office)
• The defendant and their defense attorney
• Any witnesses called to testify, most often the investigating law enforcement officer
• A court reporter, since the hearing is recorded and can become part of the case record used later

The hearing generally follows this order: the prosecution calls its witnesses and presents evidence first, the defense has the opportunity to cross-examine each witness, and the defense may also present evidence or argument of its own. Afterward, the judge decides whether the case goes forward.

What the Defense Can Do at the Hearing

A preliminary hearing is not just a formality for the defense to sit through — it is a genuine opportunity to test the prosecution’s case early, while the stakes of a mistake are still relatively contained. An experienced defense attorney can use it to:

• Cross-examine the prosecution’s witnesses, including the investigating officer, to expose weaknesses, inconsistencies, or gaps in the evidence.
• Challenge the evidence itself — for example, arguing that certain evidence should not be considered, or that it was obtained in a way that violated the defendant’s rights.
• Bring pretrial motions asking the judge to exclude evidence, dismiss certain charges, or otherwise limit what the prosecution can rely on going forward.
• Lock in testimony. What a witness says at the preliminary hearing becomes part of the record, which can be useful later if that witness later says something different at trial.
• Get an early, honest look at the prosecution’s case — how strong it actually is, and where it is vulnerable — which shapes every decision that follows, including plea negotiations.

Possible Outcomes

After hearing the evidence, the judge has a few possible options:

• Held to answer. The judge finds enough evidence and orders the case to proceed to the trial court on the charges presented.
• Charges reduced. The judge may find enough evidence for some charges but not others, or enough evidence only for a lesser included offense, and reduce the case accordingly.
• Case dismissed. If the prosecution does not present enough evidence to establish probable cause, the judge can dismiss the charges at this stage. A dismissal at the preliminary hearing does not always permanently end a case — depending on the circumstances, the prosecution may in some situations be able to refile — but it is a significant result and, in many cases, ends the matter.

Being “held to answer” is common, precisely because the probable cause standard is low. That is not a reflection of the eventual outcome at trial — it simply means the case is allowed to continue.

How a Preliminary Hearing Differs From a Trial

It helps to be clear about what a preliminary hearing is not. Compared to a trial, a preliminary hearing:

• Has no jury — a judge alone decides the outcome.
• Uses a much lower standard of proof (probable cause, not proof beyond a reasonable doubt).
• Allows certain hearsay evidence that would not be allowed at trial.
• Is usually shorter, often resolved in a single court session, though complex cases can take longer.
• Does not determine guilt. Even a case that is “held to answer” and goes to trial can still end in an acquittal, a dismissal, or a negotiated resolution.

California law also gives a defendant charged by felony complaint the right to have the preliminary hearing held within a set window of time after arraignment, with a shorter window if the defendant remains in custody while the case is pending. The exact timeframes involve some technical rules, including how waivers and continuances affect the clock, so anyone with questions about the timing of a specific case should ask their attorney directly.

How a Fresno Criminal Defense Lawyer Can Help

Mark Broughton has spent 40 years handling felony cases in Fresno and throughout the Central Valley, including preliminary hearings in state and federal court. In this stage of a case, he:

• Reviews the police reports, witness statements, and any other evidence the prosecution intends to rely on before the hearing.
• Identifies weaknesses, inconsistencies, and possible constitutional issues in how evidence was gathered.
• Cross-examines the prosecution’s witnesses to test their testimony under oath.
• Files and argues pretrial motions where appropriate, including motions to exclude evidence.
• Advises on whether waiving the preliminary hearing could ever make sense for a particular case, and explains the tradeoffs if it comes up.
• Uses what is learned at the hearing to inform plea negotiations and trial strategy going forward.

What to Do

If you believe you were searched illegally in connection with your arrest, the steps you take early on can matter a great deal:

1. Do not discuss the details of your case with anyone except your attorney — not with police, not on social media, and not with friends or family who could be asked to repeat it.
2. Write down what you remember as soon as possible, including where you were, what officers said, and the order events happened in, while the details are still fresh.
3. Preserve anything that could support your account, such as clothing, receipts, phone records, or the names of anyone who witnessed the encounter.
4. Contact a criminal defense attorney as soon as you can. A possible illegal search needs to be identified and raised early, and an attorney can advise you on the right way to do that in your specific case.

FAQ

Does every felony case in California get a preliminary hearing?

Most felony cases do, but there are exceptions. A defendant can choose to waive the preliminary hearing, and cases that are charged by grand jury indictment instead of by complaint skip the preliminary hearing entirely. Whether waiving makes sense depends heavily on the specific case.

Can I be convicted of a crime at a preliminary hearing?

No. A preliminary hearing only decides whether the case moves forward — it cannot result in a conviction. Guilt is decided at trial or through a negotiated plea, not at the preliminary hearing.

Do I have to testify at my own preliminary hearing?

No. A defendant has the right not to testify at any stage of a criminal case, including the preliminary hearing, and choosing not to testify cannot be held against you.

What happens if the case is dismissed at the preliminary hearing?

It depends on the circumstances. A dismissal for lack of probable cause is a significant result, and in many cases it ends the matter. In some situations, the law allows the prosecution to attempt to refile charges, which is one of several reasons it helps to discuss the specifics of a dismissal with an attorney.

How long after arrest does the preliminary hearing usually happen?

California law sets time limits for holding a preliminary hearing after arraignment, and the limits are shorter for a defendant who remains in custody. The exact deadlines, and how continuances or waivers affect them, vary by case, so it is best to ask your attorney about the schedule in your specific situation.

Talk to Mark Broughton About Your Case

If you or someone in your family is facing felony charges in Fresno or anywhere in the Central Valley, the sooner an experienced criminal defense attorney reviews the case, the more options are usually available before and at the preliminary hearing. Contact Mark Broughton for a consultation at fresnocriminallawyer.com/consultation/ or call (559) 691-6222.

The information on this website is general information for the public and is not intended as, and should not be taken as, legal advice for any individual case or situation. This information may not reflect the most current legal developments. Every case is different, and no outcome is guaranteed.