If you or a loved one has been arrested in New York City, one of the first questions you may have is what happens next. In some cases, especially with felony charges, the court may hold a preliminary hearing. At this hearing, a judge decides whether there is enough evidence for the case to move forward.

At The Fast Law Firm, we know how overwhelming the early stages of a criminal case can feel. Our role is to stand with you in court, protect your rights, and challenge the prosecutor’s evidence from the very start.

What Is a Preliminary Hearing?

A preliminary hearing is not a trial. Instead, it is a hearing in front of a judge to determine whether there is “probable cause” that a crime was committed and that you were the person who committed it.

In New York City, many felony cases bypass this step and go directly to the grand jury. However, when a preliminary hearing is held, it becomes an important opportunity for your defense. It is often the first real look at the prosecution’s case and can set the tone for everything that follows.

What Prosecutors Must Prove

The prosecutor’s burden at a preliminary hearing is far lower than at trial. They do not need to prove guilt beyond a reasonable doubt. Instead, they must show probable cause — a reasonable basis to believe that a crime was committed and that you were involved.

Typically, this involves:

  • Calling a police officer or another witness to testify about what happened
  • Presenting limited evidence, such as statements, reports, or physical items
  • Arguing to the judge that the case should move forward to the grand jury or trial stage

While the standard is lower, prosecutors must still meet it. That is where an experienced defense lawyer makes a difference.

How Defense Attorneys Challenge the Case

Your defense team has the right to cross-examine witnesses and point out weaknesses in the prosecutor’s presentation. Even at this early stage, there are ways to fight back:

  • Cross-examining police officers to test the accuracy of their testimony
  • Challenging hearsay or unreliable statements that may not hold up later in court
  • Highlighting inconsistencies between different accounts of the event
  • Pointing out gaps in the evidence, such as missing details or failure to connect you directly to the alleged crime

Sometimes, these challenges expose flaws strong enough for a judge to dismiss charges. At other times, they help us lay the groundwork for plea negotiations or trial strategies. Either way, the preliminary hearing is more than a formality; it is a chance to protect your rights and begin building your defense.

Why Having Counsel Early Matters

When you walk into a courtroom for a preliminary hearing, the prosecutor is already prepared to argue that your case should continue. Without representation, you are at a disadvantage. With a criminal defense attorney by your side, you have someone pushing back against assumptions and holding the prosecution to its burden.

We can also use the preliminary hearing to:

  • Gain early insight into the strength of the state’s case
  • Lock in testimony from witnesses that can be compared later at trial
  • Push for release conditions that minimize disruption to your life
  • Argue for dismissal if the prosecution fails to meet even the minimal probable cause standard

The sooner we are involved, the sooner we can begin shaping the direction of your case.

Protect Your Rights With The Fast Law Firm

Every step in the criminal process matters, and preliminary hearings are no exception. At The Fast Law Firm, we use these hearings as opportunities to test the prosecution’s case, protect your rights, and position you for the best possible outcome.

If you or a loved one is facing charges in New York City, contact us today. We are ready to stand with you from the very first hearing through every stage of the case.

FAQ: Preliminary Hearings in NYC

Can charges be dismissed at a preliminary hearing?

Yes. If the prosecutor fails to show probable cause, the judge can dismiss the case. Even when charges are not dismissed, the defense can gain valuable information to use later.

Is a preliminary hearing the same as a trial?

No. At a trial, the prosecutor must prove guilt beyond a reasonable doubt. At a preliminary hearing, the standard is much lower, and the judge only decides whether the case should move forward.

Do all cases in New York City have preliminary hearings?

No. Many felony cases in NYC go directly to the grand jury. But when a preliminary hearing is held, it is an important opportunity for the defense to challenge the case.

Preliminary Hearing

If you or a loved one has been arrested in New York City, one of the first questions you may have is what happens next. In some cases, especially with felony charges, the court may hold a preliminary hearing. At this hearing, a judge decides whether there is enough evidence for the case to move forward.

At The Fast Law Firm, we know how overwhelming the early stages of a criminal case can feel. Our role is to stand with you in court, protect your rights, and challenge the prosecutor’s evidence from the very start.

What Is a Preliminary Hearing?

A preliminary hearing is not a trial. Instead, it is a hearing in front of a judge to determine whether there is “probable cause” that a crime was committed and that you were the person who committed it.

In New York City, many felony cases bypass this step and go directly to the grand jury. However, when a preliminary hearing is held, it becomes an important opportunity for your defense. It is often the first real look at the prosecution’s case and can set the tone for everything that follows.

What Prosecutors Must Prove

The prosecutor’s burden at a preliminary hearing is far lower than at trial. They do not need to prove guilt beyond a reasonable doubt. Instead, they must show probable cause — a reasonable basis to believe that a crime was committed and that you were involved.

Typically, this involves:

  • Calling a police officer or another witness to testify about what happened
  • Presenting limited evidence, such as statements, reports, or physical items
  • Arguing to the judge that the case should move forward to the grand jury or trial stage

While the standard is lower, prosecutors must still meet it. That is where an experienced defense lawyer makes a difference.

How Defense Attorneys Challenge the Case

Your defense team has the right to cross-examine witnesses and point out weaknesses in the prosecutor’s presentation. Even at this early stage, there are ways to fight back:

  • Cross-examining police officers to test the accuracy of their testimony
  • Challenging hearsay or unreliable statements that may not hold up later in court
  • Highlighting inconsistencies between different accounts of the event
  • Pointing out gaps in the evidence, such as missing details or failure to connect you directly to the alleged crime

Sometimes, these challenges expose flaws strong enough for a judge to dismiss charges. At other times, they help us lay the groundwork for plea negotiations or trial strategies. Either way, the preliminary hearing is more than a formality; it is a chance to protect your rights and begin building your defense.

Why Having Counsel Early Matters

When you walk into a courtroom for a preliminary hearing, the prosecutor is already prepared to argue that your case should continue. Without representation, you are at a disadvantage. With a criminal defense attorney by your side, you have someone pushing back against assumptions and holding the prosecution to its burden.

We can also use the preliminary hearing to:

  • Gain early insight into the strength of the state’s case
  • Lock in testimony from witnesses that can be compared later at trial
  • Push for release conditions that minimize disruption to your life
  • Argue for dismissal if the prosecution fails to meet even the minimal probable cause standard

The sooner we are involved, the sooner we can begin shaping the direction of your case.

Protect Your Rights With The Fast Law Firm

Every step in the criminal process matters, and preliminary hearings are no exception. At The Fast Law Firm, we use these hearings as opportunities to test the prosecution’s case, protect your rights, and position you for the best possible outcome.

If you or a loved one is facing charges in New York City, contact us today. We are ready to stand with you from the very first hearing through every stage of the case.

FAQ: Preliminary Hearings in NYC

Can charges be dismissed at a preliminary hearing?

Yes. If the prosecutor fails to show probable cause, the judge can dismiss the case. Even when charges are not dismissed, the defense can gain valuable information to use later.

Is a preliminary hearing the same as a trial?

No. At a trial, the prosecutor must prove guilt beyond a reasonable doubt. At a preliminary hearing, the standard is much lower, and the judge only decides whether the case should move forward.

Do all cases in New York City have preliminary hearings?

No. Many felony cases in NYC go directly to the grand jury. But when a preliminary hearing is held, it is an important opportunity for the defense to challenge the case.