What is a Preliminary Hearing?

The Supreme Court of the United States provided that the Fourth Amendment to the Constitution did not allow for arrest without probable cause, and if there was an arrest there must be a determination by a judge following the arrest as to whether or not there is probable cause to continue your case. The hearing for that determination is called a preliminary hearing, the judge need only reach the level of probable cause, not beyond a reasonable doubt. http://nashvilleduiinfo.com

Although this right to a hearing comes from the Fourth Amendment, it is not required by the Constitution. This means that if you are indicted (the grand jury indicts people with the a State of Tennessee prosecutor presenting the case) you do not get a preliminary hearing, although you can still ask for one from the Tennessee Criminal Court Judge once you are arraigned.

The main purpose of the hearing is to determine if there is sufficient evidence to subject you to criminal court and all the formal proceedings that go with it. It is a great chance for the Tennessee defense attorney to hear and see what the state has as evidence to prosecute you.

In a Tennessee DUI it could be the blood work results, the officer's testimony, the BAC from the breathalyzer or statement from other witnesses. At preliminary hearing very rarely does the defendant testify. At this stage, even if the charges are dismissed the State of Tennessee can still present your case to the Grand Jury. If your case is dismissed at preliminary hearing and you are indicted later on, you may well have to make another bond. Most people do not realize that jeopardy has not attached, (jeopardy is what prevents one in The United States from being retried for the same crime after an acquittal). Preliminary hearing in Tennessee is just for the purpose stated above, it is not about your ultimate guilt or innocence, it is only about whether there is sufficient probable cause to continue to pursue the case against you.

A good preliminary hearing can be invaluable for the defense, it can allow for a preliminary case evaluation and get testimony that is preserved for the remainder of the case.

In one particular case my client was charged with attempted first degree murder and the preliminary hearing made the difference between being convicted and being acquitted. The difference was that a witness had changed his testimony and everyone had forgotten. However upon reviewing the witnesses prior testimony it was obvious to the jury that the testimony had changed, and it had a tremendous impact upon the jury. It allowed them to acquit my client of attempted first degree murder.