If you are charged with a felony you have a right to a preliminary hearing. A preliminary hearing is a court hearing where witnesses testify and the judge decides whether there is enough evidence against you to order you to have a trial. If the court believes there is enough evidence to believe a crime was committed and enough evidence to believe you committed the crime (probable cause), the court will “bind you over” for trial. If the court does not believe there is enough evidence, the case is dismissed. The prosecutor is not required to present all of their witnesses or all of the evidence they have collected. They are only required to present enough evidence to meet the probable cause standard. The judge, by law, must consider all the evidence in a light most favorable to the state. He must also assume the state’s case will get better by trial.
Attorney Damario Solomon-Simmons has over ten years defending and advocating for the rights of clients. If you are accused or have your legal rights abused call Attorney Damario Solomon-Simmons at 918-582-4224.