A preliminary hearing is your first real chance to challenge the evidence against you. Our NYC defense lawyers act quickly to question weak evidence, expose flaws in the prosecution’s case, and fight to have charges reduced or dismissed before trial.
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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.
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.
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:
While the standard is lower, prosecutors must still meet it. That is where an experienced defense lawyer makes a difference.
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:
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.
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:
The sooner we are involved, the sooner we can begin shaping the direction of your case.
At The Fast Law Firm, we approach every case with the urgency and attention it deserves. We’re the law firm that slows down to get to know you. That begins with founder Elena Fast, whose leadership shapes how we defend our clients and how we treat them as individuals, not case numbers.
Elena is personally involved in building your defense from day one. She listens, evaluates the facts with care, and collaborates closely with our team to develop a strategy tailored to your goals. It’s a level of involvement you don’t often find in a city as fast-paced as New York, and it’s something our clients value.
We prepare thoroughly, communicate clearly, and take your case as seriously as you do. Prosecutors know when they’re up against a defense team that’s ready for trial. So do judges. If you’re ready to fight back, we’re prepared to help.
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.
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.
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.
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.
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