Criminal Defense Lawyers

What is a new york preliminary hearing

Facing criminal charges can be an overwhelming and daunting experience. The legal system is complex, and the consequences of a conviction can be life-altering. If you or a loved one has been charged with a felony in New York, it’s crucial to understand the process, including the significance of a preliminary hearing.At the Spodek Law Group, we have extensive experience navigating the intricacies of the criminal justice system. Our team of skilled attorneys is dedicated to protecting your rights and ensuring you receive a fair trial. With the help of our attorneys, we can guide you through every step of the process, including the critical preliminary hearing stage.

Understanding the Purpose of a Preliminary Hearing

A preliminary hearing is a crucial early stage in a felony criminal case in New York. Its primary purpose is to determine whether there is sufficient evidence and probable cause to proceed with the felony charges against the defendant.Probable cause means that there are reasonable grounds to believe the defendant committed the crime based on the evidence presented by the prosecutor. During the hearing, the prosecutor must present evidence and call witnesses to establish probable cause, while the defense has the opportunity to cross-examine witnesses and present their own evidence.If the judge finds probable cause, the defendant will be held for grand jury action. However, if the judge determines that there is insufficient evidence, the charges may be reduced or dismissed entirely.

When Does a Preliminary Hearing Occur?

In New York, a preliminary hearing can occur in two main ways:

1. Automatic Hearing: If the prosecutor wants to pursue felony charges against a defendant in local criminal court, a preliminary hearing must automatically be held within 144 hours (6 days) of the defendant’s arraignment. This time limit may be extended if the defendant consents or contributes to a delay.
2. By Request: The defendant can request a preliminary hearing after arraignment. This may occur if the prosecutor initially proceeds by grand jury, and the defense wants an opportunity to challenge the evidence early on.

It’s important to note that preliminary hearings do not replace grand juries in New York. Once probable cause is found, felony cases still ultimately proceed to a grand jury for potential indictment. However, preliminary hearings allow for an early assessment of the evidence and can provide valuable insights for the defense.

The Hearing Process: Step-by-Step

Here’s a breakdown of how a typical preliminary hearing unfolds:

1. Appearance: The defendant is brought before the judge, along with both attorneys (prosecution and defense).
2. Prosecution’s Case: The prosecutor calls witnesses and presents evidence aiming to establish probable cause that the defendant committed the alleged crime. Police officers often testify about the investigation and arrest.
3. Defense’s Response: The defense attorney has the opportunity to cross-examine the prosecution’s witnesses and present their own evidence and witnesses to challenge the probable cause determination.
4. Judge’s Ruling: After considering the evidence and arguments from both sides, the judge will rule on whether probable cause exists to proceed with the felony charges.

During the hearing, the defense can challenge the credibility of witnesses, question the legality of evidence obtained, and raise other legal arguments to undermine the prosecution’s case.

Potential Outcomes and Implications

The judge’s ruling on probable cause at a preliminary hearing has several significant implications:

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2024-03-21

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2024-03-15

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1. Probable Cause Found: If probable cause is found, the felony case continues forward. The defendant is held for grand jury action, and the case proceeds toward possible indictment.
2. No Probable Cause Found: If probable cause is not found, the judge can dismiss some or all charges or reduce felony charges to misdemeanors or violations. This can terminate or significantly reduce the prosecution’s case.
3. Bail Considerations: A finding of no probable cause can also lead to the defendant’s release from custody or a reduction in bail. Probable cause often supports high bail amounts.
4. Evidence Preview: Even if probable cause is found, the hearing creates opportunities for dismissal or plea negotiations later by previewing the prosecution’s evidence for the defense.

While a finding of no probable cause does not eliminate the case entirely, it significantly shifts leverage to the defense in ongoing proceedings.

Protecting Your Rights at the Preliminary Hearing

As a critical stage in the prosecution, preliminary hearings provide defendants with important due process rights:

• The right to be present at the hearing (can be waived in some cases)
• The right to cross-examine witnesses called by the prosecution
• The right to call their own witnesses and present evidence, including taking the stand themselves
• The right to make legal arguments challenging the probable cause finding
• The right to have an attorney present (defendants without an attorney will be appointed one)
• The right to an interpreter if needed to understand the proceedings
• The right to a public hearing, unless the judge grants a motion to close the courtroom

Robust participation by the defense during preliminary hearings is crucial to protect the defendant’s rights and interests in the case.

Experienced Legal Representation is Key

Navigating the complexities of a criminal case, including the preliminary hearing stage, requires the guidance of an experienced and skilled criminal defense attorney. At the Spodek Law Group, our team of attorneys has a deep understanding of the legal system and a proven track record of success in defending our clients’ rights.We understand the gravity of the situation you’re facing, and we’re here to provide the compassionate and aggressive representation you deserve. Our attorneys will meticulously prepare for your preliminary hearing, challenging the prosecution’s evidence and presenting a strong defense to protect your interests.If you or a loved one is facing felony charges in New York, don’t hesitate to contact us at 212-300-5196 for a confidential consultation. Our team is ready to stand by your side and fight for the best possible outcome in your case.