Most people are familiar with criminal trials and how they work. We have all probably seen a trial on TV in the news or even on a show or movie. Many people do not realize that the criminal justice process involves numerous hearings before and sometimes after the trial. The preliminary hearing is one such hearing where prosecutors must show a judge that they have enough evidence to support the charges against you.
Preliminary hearings are typically only available in cases involving indictable crimes tried in Superior Court. Disorderly persons offenses and other offenses tried in Municipal Court usually do not get preliminary hearings. The prosecutor must present enough evidence at the hearing to establish a prima facie case. This does not mean they have to present enough evidence to meet their burden of proof. You may waive your right to a preliminary hearing if you wish, but having one might give you a glimpse into the prosecutor’s legal strategies, allowing you to build a more effective defense.
Call the Law Offices of John J. Zarych at (609) 616-4956 and ask our NJ criminal defense lawyers for a free review of your case.
What Kind of Cases Have Preliminary Hearings in NJ?
A preliminary hearing is not available in every single criminal case. Those facing more minor charges are less likely to receive a preliminary hearing. Instead, their case would go straight to a full trial. Generally, preliminary hearings are available for defendants facing felony-level charges, otherwise known as “indictable crimes,” in New Jersey. Those facing disorderly persons offenses or other offenses normally tried in Municipal Court do not receive preliminary hearings.
Only indictable crimes, which are often felony-level charges, are eligible for preliminary hearings. If you are unsure what kind of charges you face, talk to our Ocean City, NJ criminal defense attorneys about it, and we can determine whether you will receive a preliminary hearing.
While disorderly persons offenses are typically not eligible for a preliminary hearing, they may be heard in a preliminary hearing if the defendant is also charged with indictable crimes. This is a common scenario where defendants are charged with a mix of offenses.
What Happens at a Preliminary Hearing in NJ?
The main point of a preliminary hearing is for the prosecutor to establish a prima facie case. This means that prosecutors must show that enough evidence exists to justify the charges and that a trial is warranted. This sounds like a minor step, as issues of guilt are not even discussed. However, the preliminary hearing is a crucial stage. If prosecutors cannot meet their burden, we might be able to have the case dismissed.
Various other proceedings and issues might come up in a preliminary hearing. For example, we might be able to work out a plea agreement with the prosecutor before, during, or even shortly after the preliminary hearing. Perhaps the preliminary hearing shows us that prosecutors have very strong evidence, and a conviction is highly likely. In that case, we might pivot our defense tactics to work out a plea deal where you can plead guilty to reduced charges and hopefully avoid harsher penalties.
Even if we do not decide to negotiate a plea agreement, we might still be able to challenge the charges against you and maybe even bump a few of them down or have them removed from the case. For example, suppose a defendant is charged with numerous crimes, but it is clear that prosecutors do not have enough evidence to prove them all. In that case, we can convince the judge to dismiss the charges that cannot be proven while moving forward on the others. In some cases, prosecutors might realize this and agree to drop some charges.
Do I Have to Have a Preliminary Hearing in NJ?
Even if you are charged with an indictable crime and can have a preliminary hearing, you do not have to. Eligible defendants have a right to a preliminary hearing, but they can waive this right if they wish. Whether or not this is a good idea or might be part of a successful defense strategy is up to you and your attorney.
Many defendants waive their right to a preliminary hearing because they plan to negotiate a plea agreement with prosecutors. Prosecutors are often keen to work out plea deals before a preliminary hearing, as it would be one less hearing and less work for them to worry about. Prosecutors are known for having large caseloads, and anything to lighten their burden might work in your favor in a plea deal.
Waiving your right to a preliminary hearing could be a key step in an effective defense strategy. For example, prosecutors often try to have witnesses who might be unavailable for a trial testify at the preliminary hearing. This way, even though the witness cannot testify at the trial, their testimony may be preserved as transcripts from the preliminary hearing and provided to the jury. If you waive your right to the preliminary hearing, these witnesses do not get a chance to testify and preserve their testimony for the trial. In short, you might be able to cut out some of the evidence prosecutors plan to use against you.
Possible Advantages of a Preliminary Hearing in NJ
Waiving your right to a preliminary hearing has its pros and cons. So does going through with the hearing. A major advantage of having a preliminary hearing is getting to see the prosecutor’s legal strategies they plan to use going forward. Knowing this information can help us build a better, more effective defense strategy.
For example, maybe we learn that the prosecutor plans to rely on a lot of witness testimony. In that case, we can plan and strategize how to undermine these witnesses and show the jury how unreliable their testimony is. In short, the preliminary hearing can help us strengthen your defense by giving us an idea of what we are up against in the courtroom.
Contact Our NJ Criminal Defense Attorneys for Help Now
Call the Law Offices of John J. Zarych at (609) 616-4956 and ask our Cape May, NJ criminal defense lawyers for a free review of your case.
