There is much that happens early in your case, well in advance of trial. In the beginning, you must learn of your legal rights and enter a plea (as you do in the initial appearance), and the basis for the case against you must be established. There is a screening process to weed out weak cases because forcing you to trial on a vague and unestablished case is inconsistent with your legal rights.
Law enforcement does not have a legal right to hold a defendant indefinitely without them being able to go in front of a judge. Otherwise, it would be a violation of the defendant’s rights that could jeopardize the prosecution. The initial appearance in front of a judge is called an arraignment. There are several substantive things that will happen in an arraignment that provide an introduction of sorts to the case.
If you have been charged with a felony offense, you have a legal right to a preliminary hearing in your case. In felony cases, a preliminary hearing is the court appearance that follows the initial appearance hearing. In misdemeanor criminal cases, there is no preliminary hearing. Preliminary hearings are also known as preliminary examinations, probable cause hearings, or simply as ‘prelims.’ As the individual who is accused of committing a criminal offense, you do not have a right to testify at a preliminary hearing. In other words, you cannot take the witness stand and talk about your version of events. However, your lawyer has the right cross-examine any witnesses, including police officers and others, whom the prosecuting attorney calls as a witness. The court will then make a determination about whether probable cause exists to charge you with the felony offense. If you are facing a felony criminal charge, it … Continued