Law Dictionary

preliminary hearing

(1) Another term for arraignment. (2) If a case involves felony charges, it will be sent to the Court of Common Pleas for a preliminary hearing. A preliminary hearing is a determination that it is more likely than not (probable cause) that the defendant committed a felony. The judge can decide to send the case to Superior Court if there is probable cause, or reduce, or dismiss one or more of the charges. The judge also reviews the amount of bail set on the case at this point. If the defendant gives up (waives) his or her right to have the preliminary hearing, the charges go up to superior Court. When felony charges are sent up to Superior Court, the Attorney General�s Office has to make a decision as to whether or not they are going to formally charge the defendant though an indictment. The primary function of the preliminary hearing is to screen cases, and move the cases forward, where there is probable cause, to Superior Court. One result of the preliminary hearing process is that the defendant has an opportunity to hear part of the State�s case against him or her.

Source : Delaware State Courts - First State Judiciary

Language : English

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