A Preliminary Hearing in Virginia is an initial procedural requirement in felony criminal cases. Criminal charges in Virginia State Court involve a number of confusing hearings and processes. For example, if you are charged with a felony in a Virginia state court, one of the first hearings after your initial advisement is likely to be a Preliminary Hearing (though some criminal felony matters involve a direct indictment, which avoids the Preliminary Hearing entirely).
So what is a preliminary hearing? Va. Code 19.2-218 states:
No person who is arrested on a charge of felony shall be denied a preliminary hearing upon the question of whether there is reasonable ground to believe that he committed the offense and no indictment shall be returned in a court of record against any such person prior to such hearing unless such hearing is waived in writing by the accused.
Felonies are tried in the Circuit Court of the relevant jurisdiction. But prior to a felony count moving up to Circuit Court, it usually goes through the Preliminary Hearing process in General District Court or the Juvenile and Domestic Relations District Court.
At a Preliminary Hearing, the Commonwealth will put on evidence to establish Probable Cause. This is a fairly low standard, and this hearing is not your Trial. But this may be the first time you and your attorney are can see and hear (at least some of) the Commonwealth’s testimony and evidence against you. This is useful can be vitally important in trying to get the case dismissed, to a future motion to suppress or motion in limine, or to a favorable plea negotiation.
Our Criminal Defense attorneys have experience with Preliminary Hearings, and are ready to help you. If you are charged with a felony, contact our office prior to your Preliminary Hearing so that we can best represent your interests. Contact Us.
