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Probable cause is required for a felony case to proceed to trial. A preliminary examination is an evidentiary hearing where the prosecutor presents witness testimony to prove probable cause. The defense has an opportunity to cross-examine each witness at this hearing. At the end of the preliminary examination, the District Court judge will decide whether the prosecutor has established that a crime was committed and if there is probable cause that the person accused has committed it.

Yes, and they often do. That is why it is critical to talk with an experienced criminal defense attorney first before talking to the police.

A pretrial conference is a court hearing held after the initial complaint but before the trial. It may take place in person or via video, depending on the judge. Its main purpose is to update the judge on the status of the case—whether a plea will be entered or the case will go to trial. It also allows the judge to be informed about any upcoming motions. Pretrial conferences often involve plea negotiations with the prosecutor and may address bond status. Multiple pretrial conferences may occur throughout the case.

Yes. Anytime you are accused or charged with a crime you need a lawyer. People can be acquitted by a jury even if they may have actually committed the crime. A good criminal defense attorney can successfully represent you in many different ways, including plea bargaining and sentence negotiation.

A probable cause conference (PCC) is the next court hearing after an arraignment on a felony case. This is a hearing held in the District Court where you and your attorney decide if you wish to hold a preliminary examination. This is an evidentiary hearing where witnesses testify to prove to the judge that there is sufficient probable cause for the case to proceed to trial. An experienced criminal defense attorney can help you decide how to proceed at a PCC.

Yes. Often there is a separate investigation with child protective services that could result in the temporary removal of your children from your home, or even the termination of your parental rights. This investigation and legal proceeding is different from a criminal case. You have certain rights in these cases, including the right to a jury trial to determine whether or not there is enough evidence for the court to take jurisdiction of your children.

An arraignment is a court appearance at which the judge or magistrate formally reads the charges against you. At your arraignment, you will make your initial plea of “guilty” or “not guilty.” For state law crimes, arraignment is often the same day or day after you have been arrested. For federal cases, arraignment takes place after your initial hearing and detention hearing. If you are not in custody, you may appear in person or remotely by video, depending on court requirements. You have the right to an attorney at your arraignment.

When someone is “indicted” it means they have been charged with a crime, usually in federal court. Indictment is a term which references the charging document in a federal criminal case. The charging document informs the accused what federal offenses he or she is accused of.

To obtain an indictment, a federal prosecutor (an Assistant United States Attorney) presents evidence to a federal grand jury. Once the grand jury finds probable cause that a crime has been committed and the accused has committed that crime, the grand jury will return an indictment, which is also known as a “true bill”.