In jurisdictions that do not utilize a grand jury to issue formal charges in felony cases, a preliminary hearing will be conducted after the filing of the prosecutor’s complaint.

The purpose of the preliminary hearing is the same as the purpose of the grand jury: simply to determine if there is sufficient evidence to charge the defendant with a crime or crimes. The evidence need only establish probable cause—not proof beyond a reasonable doubt—to believe that a crime was committed and that the defendant is the one who committed it.

As in the grand jury process, the prosecution must present evidence to establish probable cause. This may mean that the victim has to testify. Unlike the grand jury process, this preliminary hearing is presided over by a judge and the defendant has the right to be present. The judge decides which, if any, charges are established by probable cause. Those charges are filed in a document called an information and, like a grand jury indictment, those become the only charges that the prosecution can go forward on.

Consult your agency’s state-specific supplemental guide regarding state law and local practice used to file criminal charges in your jurisdiction.