- In a preliminary hearing, a judge decides whether or not there is enough evidence against the defendant to take the case to trial. Probable cause must be established by the prosecution. Preliminary hearings are only held when the prosecutor files charges without having gone through a grand jury.
- Waiving the right to a preliminary hearing does not imply guilt. It simply means the individual admits that there is probable cause to believe he committed the crime. Waiving is done by filling out forms at the courthouse and sometimes answering questions from a judge.
- Waiving the right to a preliminary hearing may result in a reduction of the bond, allowing the defendant to leave jail if she has been incarcerated. It may not always be in the best interests of the defense to do this, though. Sometimes weaknesses in the prosecution's case are exposed during a preliminary hearing, which could mean that a trial is avoided altogether. There is also the possibility that, as a result of a preliminary hearing, the judge could decide that there is not probable cause to try the defendant, and the case will be dismissed.
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