If you’ve been charged with a crime in Florida, one of the earliest and most important stages of the legal process is the preliminary hearing. Also known as a “probable cause hearing,” this proceeding plays a critical role in determining whether your case moves forward. At MPM Law, we assist individuals across Miami in navigating each stage of the criminal justice process with clarity and confidence.

What Is a Preliminary Hearing?

A preliminary hearing is not a trial. Instead, it's a pre-trial proceeding where a judge reviews evidence to decide whether there is enough probable cause to proceed to trial. This hearing typically occurs soon after your arrest unless the prosecutor files a formal charging document (called an “information” or “indictment”), in which case a preliminary hearing may be bypassed.

Who Is Present?

Several key parties are present at a preliminary hearing:

• The judge
• The prosecutor
• The defense attorney
• The defendant (you)
• Any witnesses called by the prosecution

In Florida, the defense can cross-examine witnesses and challenge the prosecution’s evidence, but the rules of evidence are generally more relaxed than at trial.

What Happens During the Hearing?

During the preliminary hearing:

1. The prosecutor presents evidence to show there is probable cause to believe you committed the offense.
2. Witnesses may be called to testify under oath.
3. Your defense attorney can question witnesses and argue that the evidence is insufficient.
4. The judge then decides whether to dismiss the case or allow it to proceed to trial.

Importantly, the standard of proof at this stage is lower than “beyond a reasonable doubt.” The judge only needs to find that there’s reasonable ground to believe a crime occurred and that you were likely involved.

Why It Matters

Even though it’s not a trial, a preliminary hearing can be a crucial opportunity:

• Your attorney may challenge weak evidence.
• It can lead to charges being dropped or reduced.
• The hearing can give your defense team valuable insight into the prosecution’s case.

Do You Always Have a Preliminary Hearing?

Not always. If you’re formally charged through a grand jury indictment or the prosecutor files an “information” before the hearing date, the court may cancel the preliminary hearing altogether.

Protect Your Rights Early

Facing a preliminary hearing can feel intimidating, but having an experienced attorney on your side can make all the difference. At MPM Law, we help people in Miami prepare for every step of their criminal case—starting with a strong defense strategy from day one.