Probable Cause Hearing: What It Means and Your Rights

A probable cause hearing forces prosecutors to prove they have enough evidence. The court reviews whether the evidence justifies charging you with a crime.

You have important rights during these hearings. Understanding them helps you protect yourself in criminal court proceedings.

What Is a Probable Cause Hearing?

A probable cause hearing happens during the pre-trial stage of criminal cases. Courts also call it a preliminary hearing.

The hearing serves a specific purpose. Prosecutors must show reasonable suspicion supported by circumstances that you committed a crime.

The standard is lower than “beyond a reasonable doubt.” Prosecutors only need to show a crime was likely committed by you.

Each state has different rules for these hearings. Timing depends on whether you’re in custody or not.

If you’re in custody, the hearing typically happens within 30 days of arraignment. If you’re not in custody, it may take up to 90 days.

No hearing occurs if you plead guilty or no contest. The hearing only applies when you contest the charges.

When Does a Probable Cause Hearing Take Place?

State law determines when these hearings occur. Most commonly, felony charges trigger the right to a preliminary hearing.

Misdemeanor charges typically don’t include this right. Some states take these hearings very seriously, while others only hold them upon request.

You can waive your right to a probable cause hearing. However, you should carefully consider this decision with legal counsel.

The Purpose of a Probable Cause Hearing

The hearing establishes whether enough evidence exists for trial. Prosecutors don’t need to prove their entire case at this stage.

They only need to demonstrate that probable cause exists. The burden of proof is significantly lower than at trial.

The hearing protects defendants from baseless prosecutions. Weak cases can be dismissed before going to trial.

What Happens During the Hearing

Two main issues get addressed at a probable cause hearing:

• Whether the crime occurred within the court’s jurisdiction
• Whether you committed the alleged crime

Other matters may also be discussed. These include bail, additional charges, or possible dismissal of charges.

The Prosecution’s Role

The prosecutor calls witnesses to testify under oath. They may introduce physical evidence to support their case.

Their goal is to convince the judge that probable cause exists. They present just enough evidence to meet this standard.

The Defense’s Role

Your defense team has the right to cross-examine prosecution witnesses. They can challenge the physical evidence presented against you.

Your attorney works to show the prosecutor’s case is weak. They aim to persuade the judge that evidence is insufficient.

After the Hearing

Your defense can make a motion to dismiss. The argument focuses on insufficient evidence from the prosecution.

If the judge agrees, your case gets dismissed. If the prosecution made a strong enough case, the judge denies the motion.

A denied motion means your case proceeds to trial. You’ll face the charges in a full court proceeding.

What Happens If You Waive the Hearing

Waiving a preliminary hearing means it simply won’t happen. Your case moves directly to a pre-trial hearing for trial planning.

Waiving the hearing doesn’t mean you’re pleading guilty. The jury won’t learn about your waiver decision.

You should carefully consider before waiving this hearing. Consult with a qualified criminal defense attorney first.

The hearing gives you a chance to see the prosecution’s evidence. You can identify weaknesses in their case early.

What If Charges Are Dropped

Charges get dropped when evidence is insufficient to prove guilt. The judge determines there’s no way to prove guilt beyond reasonable doubt.

The judge may grant your motion to dismiss. All charges could be dropped at this stage.

Sometimes only some charges get dropped while others continue. Your case would proceed to trial only for the remaining charges.

Your Rights at a Probable Cause Hearing

The hearing exists primarily to protect your rights. You have several important protections during this proceeding:

• The right to attend the hearing in person
• The right to representation by an attorney
• The right to cross-examine prosecution witnesses
• The right to contest the existence of probable cause
• The right to make a motion to dismiss
• The right to waive the probable cause hearing
• The right to present evidence and refute the prosecutor’s evidence
• The right to obtain a transcript for future use

Waiving your hearing doesn’t admit guilt. It has no legal effect beyond skipping the hearing itself.

You must decide whether the prosecution has enough evidence. A weak case could lead to complete dismissal at this stage.

Civil Lawsuits Work Differently

Probable cause hearings only happen in criminal cases. Civil lawsuits follow different procedures entirely.

You may have to attend a pretrial hearing in civil court. The pretrial schedules your actual trial date if needed.

Debt collection lawsuits are civil matters, not criminal. If a collector sues you for unpaid debt, different rules apply.

You need to respond to a debt lawsuit with a written Answer. Our partner Solo helps you draft an Answer to fight debt collectors in court.

Civil debt cases don’t involve probable cause hearings. You’ll follow civil court procedures instead of criminal ones.

The first step in any debt lawsuit is filing your Answer. You typically have 14 to 30 days to respond to the summons.

Failing to respond results in a default judgment against you. The collector wins automatically if you don’t answer the lawsuit.