A preliminary hearing in Maryland, sometimes called a probable cause hearing, is a court proceeding held in District Court where a judge decides if there’s enough evidence for a defendant’s case to be sent to Circuit Court for trial.
Understanding more about how these hearings work and what the possible outcomes are is helpful for defendants facing felony charges.
Defendant Needs to Request a Preliminary Hearing
In Maryland, it is the defendant’s responsibility—not the prosecutor’s, as in many other states—to request a preliminary hearing for felony charges.
You must file your request within 10 days of your first court appearance after arrest. Missing this deadline means you automatically give up the right to the hearing, and your case moves forward without this important stage to assess and potentially attack the government’s evidence.
What Happens at a Preliminary Hearing in Maryland?
During the hearing, a judge does not decide guilt or innocence. Instead, the focus is on whether there’s enough evidence to move the case to Circuit Court.
The proceedings begin with the prosecutor outlining the case, often calling a police officer or detective to the stand as the main witness to explain what happened and why the charges were brought.
Your defense attorney can cross-examine the prosecution’s witness, highlighting weaknesses or asking questions that reveal gaps in the government’s case. At this stage, your defense is not required to present any witnesses or evidence, and almost never does.
The judge listens to arguments and determines if there’s “probable cause,” or enough evidence that a crime may have occurred and that you could be involved. If so, your case will go to Circuit Court for further hearings and a possible trial.
Can Charges Be Dropped at a Preliminary Hearing?
It’s possible for some or all of your charges to be dismissed at a preliminary hearing. If the judge decides there isn’t enough evidence that you committed a crime, they could throw out the entire case.
In other situations, the judge may decide to lower certain charges from felony to misdemeanor if the facts don’t support the more serious accusations. This means you’re still facing criminal prosecution, but with a far less serious charge.
What Does It Mean to Waive a Preliminary Hearing?
Waiving a preliminary hearing in Maryland means you are choosing to give up the hearing where a judge decides if there is enough evidence for your case to move forward to Circuit Court.
By waiving, you give up this early opportunity to challenge the state’s case, so the charges automatically proceed even though they haven’t been tested before a judge.
When Might You Waive the Hearing?
You might decide to waive a preliminary hearing as part of a legal strategy. This sometimes happens if your lawyer and the prosecutor are negotiating a plea deal, and waiving helps move the case forward faster or is a condition of the plea offer.
There are also situations where it’s clear the prosecutor has enough evidence for probable cause, so the defense focuses on fighting the charges later in Circuit Court rather than at the preliminary hearing.
Most people do not waive their preliminary hearing because it gives them and their attorney an idea of what evidence the state has against them and a chance to fight the charges early on.
What to Do if You’re Facing a Preliminary Hearing in Maryland
If you have a preliminary hearing scheduled, it’s important to take the right steps to make sure you are doing everything possible to get a good outcome in your case. Here are some steps to consider:
Consult a Criminal Defense Lawyer Immediately
Talk to an experienced criminal defense attorney as soon as possible. They can explain the risks of the hearing and start investigating your case.
Don’t Talk to Police or Prosecutors Without Representation
It’s best not to answer questions from investigators before having a lawyer by your side. Anything you say at this stage can become evidence against you.
Gather Any Helpful Information or Evidence
List possible witnesses, alibis, text messages, photos, and other details. Share these with your lawyer, as they could help build your defense.
Show Up to Court On Time and Prepared
Failure to attend the hearing could result in a bench warrant, which would allow you to be arrested and taken into custody.
Contact the Criminal Defense Attorneys at Alpert Schreyer Criminal Defense Attorneys in Maryland for Help Today
A preliminary hearing is an important stage of your case, and it’s important to take these steps to make sure things run as smoothly as possible. For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Rockville
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771