Can You Go to Jail at a Preliminary Hearing? Complete Guide
Facing a criminal charge can be intimidating–especially when you’re called to appear at a preliminary hearing. Many defendants ask: Is this the day when I’ll be sent to jail? Yes it is possible, however it’s contingent on the state of your case and the charges you’re being charged with, and if you’re currently in bail.
A preliminary hearing doesn’t count as an actual trial, but rather a probable cause hearing that helps determine whether there’s enough evidence to allow your case to proceed. While it’s generally an administrative step, some choices made during or after this hearing could put your in the jail.
Let’s look at what happens during a preliminary hearing, and the time you can be detained.
1. What Is a Preliminary Hearing?
The preliminary hearing (sometimes referred to as”preliminary hearing” (sometimes referred to as “prelim” or “probable cause hearing”) is a court procedure that typically happens after being accused of committing a felony.
At the time of this hearing the prosecutor needs to demonstrate an evidence that gives probable reason to be convinced:
1. A crime was committed and
2. You are the person who did it.
The judge is not able to determine guilt or innocence, but rather whether there’s enough evidence to take the trial.
The prosecutor will typically present witness testimony, police records and other physical evidence. Your attorney for defense may challenge witnesses and argue the evidence is not sufficient or weak.
If the judge doesn’t find probable reason, the charges may be dismissed. However, if the judge discovers sufficient proof, then the matter goes to trial or, in certain states the case is transferred to a grand jury.
2. Do You Go to Jail Just for Attending a Preliminary Hearing?
If you’re already under bail or self-recognizance (OR) just attending the preliminary hearing will not necessarily result in prison time. The reason for the hearing is to look over evidence, not to issue a punishment.
However, there are many scenarios where a judge may take you into custody at any time during or following the hearing.
3. Situations Where You Could Go to Jail
Below are the top frequently used reasons why a person could be arrested following an initial hearing:
A. The Judge Revokes or Raises Your Bail
If a judge decides that there is evidence to prove that you’re at risk of flight or a threat for the neighborhood, then they could raise or cancel bail.
If your bail is increased and you’re unable to pay the extra amount, you’ll go to jail immediately.
If bail is suspended the person will be placed in custody until the trial.
It could happen in the event that, for instance witnesses reveal that you harmed witnesses, committed a crime while you were on bond or if you violated release conditions.
B. The Court Finds You Violated Bail Conditions
If you’ve missed court appearances or failed drug tests or violated no-contact orders prior to an appearance, the judge may issue an order of bench or deny your release. If you fail to appear before the judge, you may be taken into custody.
C. New or More Serious Charges Are Filed
In some cases, during an initial hearing, evidence may reveal more serious criminal activity than was initially charged. Prosecutors may modify the charge or bring additional felony charges on moment.
If this happens the judge will decide you should be placed in prison until trial for the charges that have been upgraded.
D. You’re Already in Custody
If you’ve been detained and were unable to pay bail, then you’ll get sent to the preliminary hearing in the jail. If the judge is able to find that there is probable cause for the charge, you’ll stay in the custody of the court until trial is completed, unless the bail amount is decreased or released with a bail.
4. What Happens If the Judge Dismisses the Case?
If the judge determines that the evidence presented by the prosecution does not provide probable basis, the charges will be dismissed and you’re free to go, at minimum for a few days.
But, a dismissal during an initial hearing doesn’t necessarily guarantee the end of the matter. Prosecutors may reconsider charges later on when they have more evidence.
5. How to Avoid Being Taken Into Custody
If you’re on bail and you have an initial hearing scheduled There are steps you can take to lower the possibility of being imprisoned:
Be sure to adhere to all bail conditions in a strict manner. No late check-ins, no fresh arrests and you must not contact the victims or witnesses.
Make sure you arrive early and are respectably at the courtroom. Judges are very strict about behavior.
Stay in constant contact with your lawyer. They can predict when the prosecutor may ask for bail adjustments or fresh charges.
Bring evidence (employment evidence, proof of community tie or community ties, etc.) to prove you’re safe from flight should bail is a problem.
Your lawyer could also defend you against detention by pointing out your good behavior, your clean record, or connections to the community.
6. What Happens After the Hearing
If the judge decides that the case is not proceeding and you’re “bound over” to be heard before the higher court. Based on your custody status:
If you’re already under bail, then you’ll be at liberty until the new court day.
If your bail is suspended or you’re refused bond, you’ll remain in jail until the trial or adjudication hearing.
It’s also normal to have plea bargaining sessions shortly after the hearing, sometimes even concluding the case prior to trial.
7. Final Thoughts
What if you had to go to jail during a preliminary hearing? Yes, it is possible. However, it’s dependent on your circumstances.
If you’re already on bail and you’re following the court’s orders, you’ll probably leave the courtroom that next day. If you fail to comply with bail terms, are subject to additional and more severe charges or if the judge determines you to be a danger and you are deemed to be a risk, you may be arrested at any time.
The preliminary hearing doesn’t concern guilt, it’s about whether there’s enough evidence for moving forward. It’s also a crucial moment when your liberty could be at stake. With a seasoned criminal defense lawyer on your side, you’ll be able to defend your rights, contest weak evidence, and minimize the possibility of being taken to prison prematurely.
