Q. WHAT IS A PRELIMINARY HEARING?

A. In Virginia, there are two types of criminal charges, misdemeanors and felonies. Felonies are more serious in nature and carry a higher penalty in terms of greater fines or longer imprisonment. Defendants charged with felonies have a right to a preliminary hearing where the prosecutor must prove to the court that there is enough evidence to show that a crime has been committed (known as "probable cause") and that the defendant is the person who most likely committed that crime. A preliminary hearing is a scheduled court date, similar to the trial; the judge, defendant, defendant’s attorney, prosecutor, and all subpoenaed victim(s) and witness(es) are present. However, the prosecutor will put on only enough evidence to justify further proceedings against the defendant. If the prosecutor establishes probable cause, the case is certified to the next Grand Jury and the case is set for trial at a later date. For more information on the criminal justice process, see CRIMINAL JUSTICE 101.