When is a preliminary hearing not required?

A preliminary hearing is a crucial step in the criminal justice process, typically required to assess whether there is enough evidence for a case to proceed to trial. However, there are certain circumstances where this hearing can be bypassed.

When a defendant is indicted by a Grand Jury, the need for a preliminary hearing is eliminated. An indictment signifies that a Grand Jury has reviewed the evidence presented by the prosecution and has determined that there is sufficient cause to formally charge the defendant with a crime. This process serves as a safeguard to ensure that only cases with enough evidence proceed, thus fulfilling the objective of the preliminary hearing. Since the Grand Jury performs a similar evaluative function, the legal requirement for a preliminary hearing is waived in this scenario.

In contrast, if a defendant pleads guilty, the preliminary hearing is typically rendered unnecessary, but the initial determination was already made through the indictment. If a defendant is found incompetent, or if new evidence arises, the legal proceedings may take different routes, often leading to further evaluations or hearings rather than negating the preliminary hearing itself.