Felony Case and Preliminary Hearings
A prosecutor commences a felony criminal case by filing a complaint in cases such as sex crimes cases, drug offense cases andmurder cases. A preliminary hearing must be held before a judge after filing the felony complaint. The purpose of the preliminary hearing is to ensure that there is enough evidence to hold the person charged with the felony to answer in court. A preliminary hearing is an evidentiary hearing. At the preliminary hearing, the prosecutor must present sufficient evidence to convince the judge that probable cause exists to believe that a crime has been committed and that the person charged has committed the crime. At the preliminary hearing, the prosecutor presents law enforcement witnesses or live witnesses or a combination. The preliminary hearing must begin within 10 court days after the date the person charged with the felony is arraigned in court. A person held to answer at the preliminary hearing has a right to a transcript of the preliminary hearing without charge. If you are arrested for a felony, contact Christine McGuire, the Santa Cruz Criminal Defense Attorney.