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Why Preliminary Hearings Are Important

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Preliminary hearings are vital in the early stages of a case, as it provides the first opportunity to meaningfully challenge the evidence against you. Every defendant has the right to request a preliminary hearing (unless your charge is in magistrate or municipal court). This request must be made within 10 days of arrest, otherwise you risk forfeiting your right to be heard.  The purpose of a preliminary hearing is to assess whether there was sufficient probable cause to charge you, based solely on what the officer knew at the time of your arrest . An example is helpful to illustrate this point: Let's say you are charged with possession of a weapon by a person convicted of a violent crime. Per Section 16-23-500 , the elements of that charge are:  (1) Possessing a firearm or ammunition within the state; and (2) Having a prior conviction for a violent felony. ( See this chart for crimes classified as violent. ) At the preliminary hearing, the officer would therefore have to present