What to Expect at a Preliminary Hearing in Florida

July 21, 2025

What to Expect at a Preliminary Hearing in Florida

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.

Person holding a black handgun, representing firearm or weapon offense in Florida.
December 25, 2025
Charged with a firearm or weapon offense in Florida? Learn what qualifies as illegal possession, the penalties you could face, and how a Coral Gables defense attorney can protect your rights.
Gavel, glass of amber liquid, and car key, representing DUI in Coral Gables.
November 27, 2025
If you’ve been arrested for DUI in Coral Gables or Miami, it’s crucial to act fast and protect your rights. Learn what to do after a DUI arrest and how a skilled defense attorney can safeguard your freedom.
Gavel on wooden block and scales of justice on a courtroom table, representing felony attorney in FL
October 31, 2025
If you’ve been arrested for a felony in Florida, you could be facing years in prison, steep fines, and life-changing consequences. Learn how Florida felony penalties work—and how an experienced Coral Gables defense attorney can protect your future.
A judge 's gavel and scales of justice are on a wooden table.
September 25, 2025
Facing White-Collar Crime Charges in Coral Gables? What You Need to Know
A pair of handcuffs and a judge 's gavel on a gray background.
By Saige Cole August 28, 2025
First-Time Misdemeanor? What to Expect in Coral Gables Court
A shot of tequila with a slice of lemon and a car key on a table.
July 31, 2025
What to Do Immediately After a DUI Arrest in Coral Gables
A scale of justice is sitting on a wooden table next to a gavel.
March 12, 2025
Learn about the serious consequences of a DUI conviction in Florida, including fines, license suspension, and jail time. MPM Law provides DUI defense for individuals in Miami.
The interior of a car with a steering wheel and dashboard.
January 17, 2025
Being arrested for DUI (Driving Under the Influence) in Coral Gables can be a frightening and overwhelming experience. The decisions you make in the minutes, hours, and days following your DUI arrest can significantly impact the outcome of your case. At  MPM Law  , we specialize in DUI defense in Miami and Coral Gables , helping clients navigate the legal system and fight for the best possible outcome. If you or a loved one has been arrested for DUI in Coral Gables , follow this step-by-step guide to protect your rights, your driver’s license, and your future. Step 1: Stay Calm and Cooperate (But Know Your Rights!) The moment you see the flashing red and blue lights, your reaction matters . Here’s what to do: Pull over safely – Signal, slow down, and pull over in a safe location. Remain calm and polite – Arguing with the police can make the situation worse. Limit what you say – You have the right to remain silent. Avoid admitting to drinking, even if you think it’s harmless (e.g., “I only had one beer”). Example: If an officer asks, “Have you been drinking?” you can politely respond: “I prefer not to answer any questions without an attorney.” Step 2: Decide Whether to Take a Breathalyzer or Field Sobriety Tests In Florida, DUI suspects are often asked to take field sobriety tests (walking in a straight line, standing on one leg, etc.) and a breathalyzer test to determine Blood Alcohol Content (BAC). Field Sobriety Tests: These are optional in Florida. You can politely refuse them since they are highly subjective and can be challenged in court. Breathalyzer Test: Under Florida’s Implied Consent Law , refusing a breath test can lead to an automatic one-year driver’s license suspension , even if you are not convicted of DUI. Example: If you refuse the breathalyzer test and it’s your first offense, you may face a license suspension but avoid giving prosecutors critical evidence against you. However, refusal could also be used against you in court. Step 3: Contact a Miami DUI Attorney Immediately The most important step after a DUI arrest is contacting a DUI lawyer in Miami or Coral Gables as soon as possible. An experienced attorney can: Review your arrest for police errors or rights violations Represent you in court and at DMV hearings to protect your license Challenge the evidence, such as breath test results Example: If police pulled you over without probable cause , your lawyer may be able to get your charges dismissed. Step 4: Request a DMV Hearing Within 10 Days After a DUI arrest in Coral Gables , you have only 10 days to request a formal hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge your license suspension. If you don’t request a hearing, your license will be automatically suspended. A DUI attorney can represent you at the DMV hearing and fight to keep your license. Example: If it’s your first DUI arrest, you may qualify for a hardship license, allowing you to drive for work or essential needs. Step 5: Gather Important Evidence The stronger your defense , the better your chances of reducing or dismissing your DUI charges. Start collecting: Your arrest details – Where and when you were pulled over, what you were doing, and what the officer said. Witness statements – If anyone was with you, their testimony could help. Medical conditions – Some conditions, like acid reflux or diabetes , can falsely raise your BAC levels. Example: If a faulty breathalyzer machine was used, your lawyer could challenge the results and potentially get your case dismissed. Step 6: Avoid Talking About Your DUI Case Do not: Discuss your arrest on social media. Talk about the case with friends or family (except your lawyer). Try to “explain” your side to the police or prosecutors – anything you say can be used against you. Example: Posting “I wasn’t even that drunk!” on Facebook can be used by prosecutors to argue that you admitted to drinking before driving. Step 7: Show Up to All Court Dates and Follow Legal Advice Missing a court date can result in a warrant for your arrest. Dress professionally and be respectful in court. Follow your attorney’s advice on whether to take a plea deal or fight your charges. Example: If it’s a first-time DUI, an attorney may help you enter a DUI diversion program that keeps the charge off your record. Why Choose  MPM Law  for Your DUI Defense? At  MPM Law  , we specialize in DUI defense in Coral Gables, Miami, and throughout Florida. We have a proven track record of helping clients: ✔ Avoid jail time ✔ Reduce DUI charges to reckless driving ✔ Challenge breathalyzer results ✔ Fight for license reinstatement At  MPM Law  , we have a proven track record of getting drug possession charges reduced or dismissed . Contact  MPM Law  at  305-330-5445  . Don’t risk your freedom, future, and reputation . Let Matthew Myers and the  MPM Law  team fight for you.
A woman is shaking hands with a man in an office.
January 9, 2025
If you’ve been arrested for drug possession in Miami, you may be wondering: Can I beat this charge? The good news is that a possession charge does not automatically mean a conviction. With the right Miami criminal defense attorney, you may be able to get the charges reduced, dismissed, or even avoid jail time altogether. MPM Law focuses on criminal defense in Miami, we represent clients in cases related to drug possession, DUI, felony offenses, and more. Our dedicated legal team recognizes the serious impact these charges can have on your future, and we are committed to protecting your rights and building a strong defense on your behalf. If you or a loved one is facing possession of a controlled substance charges in Miami-Dade County, this guide will help you understand your legal options and possible defenses. Understanding Possession Charges in Miami Under Florida law (Florida Statute 893.13) , possession of a controlled substance can lead to misdemeanor or felony charges , depending on the type and amount of the drug. Types of Possession Charges in Florida: Simple Possession – Possessing a small amount of a controlled substance for personal use. Possession with Intent to Distribute – If police believe the drugs were meant for sale, based on quantity, packaging, or other evidence. Penalties for Drug Possession in Florida: Misdemeanor possession (e.g., under 20 grams of marijuana) → U p to 1 year in jail & $1,000 fine. Felony possession (e.g., cocaine, heroin, methamphetamine) → Up to 5 years in prison & $5,000 fine. Enhanced penalties if near a school, daycare, or public park. Having an experienced Miami drug possession attorney can make all the difference in your case. Legal Defenses Against a Possession Charge At  MPM Law  , we use aggressive legal strategies to challenge drug possession charges. Here are some of the most effective defense tactics: 1. Unlawful Search and Seizure (Fourth Amendment Violation) Police must have probable cause or a valid warrant to search your home, car, or person. If your rights were violated, the evidence may be suppressed, leading to a case dismissal. Example: If police searched your vehicle without a warrant or probable cause, the drugs they found may be inadmissible in court. 2. The Drugs Weren’t Yours (Lack of Possession) The prosecution must prove you knowingly had control over the drugs. If you were in a shared space (like a friend’s car or apartment), proving actual possession can be difficult. Example: If drugs were found in a car with multiple passengers, the prosecution must prove they belonged to you. 3. Chain of Custody Errors & Evidence Tampering Law enforcement must properly collect, store, and document drug evidence. If there are errors in handling or testing, the case could be thrown out. Example: If lab results show contamination or the evidence was misplaced, we can challenge its validity. 4. Entrapment by Law Enforcement If an undercover officer coerced you into committing a crime you wouldn’t have otherwise committed, this could be a case of entrapment , which is illegal. Example: If an undercover cop repeatedly pressured you to buy drugs, we may be able to use entrapment as a defense. 5. Valid Prescription Defense If you were arrested for possession of Adderall, Oxycodone, Xanax, or other prescription drugs , but had a valid prescription , we can argue that the possession was legal. Example: If you had a bottle of legally prescribed painkillers but weren’t carrying the prescription, we can provide documentation to clear your name. 6. Alternative Sentencing: Drug Diversion Programs For first-time offenders , Miami-Dade offers diversion programs that allow you to avoid jail and a criminal record by completing rehab or probation. Example: If you qualify for Miami’s Drug Court Program , your charges could be dismissed upon completion.: If lab results show contamination or the evidence was misplaced, we can challenge its validity. What to Do If You’re Arrested for Possession in Miami If you are facing drug possession charges in Miami, take these important steps to protect yourself: Stay Silent – Do not admit to anything or answer police questions without an attorney. Do Not Consent to a Search – If police ask to search your car, home, or belongings, say “I do not consent to a search”. Call an Experienced Miami Drug Possession Lawyer ASAP – The sooner you have legal representation, the better your chances of fighting the charges. Why Choose MPM Law for Your Miami Drug Possession Case? Experienced Miami Criminal Defense Attorneys – We’ve successfully defended hundreds of clients facing possession charges. Aggressive Defense Strategies – We challenge police procedures, evidence, and prosecution tactics. Personalized Representation – We build a custom legal strategy based on your unique case. Strong Negotiation Skills – We can work to reduce charges or secure alternative sentencing. At  MPM Law  , we have a proven track record of getting drug possession charges reduced or dismissed. Contact  MPM Law  at  305-330-5445  . Don’t risk your freedom, future, and reputation . Let Matthew Myers and the  MPM Law  team fight for you.
A woman in a black suit is sitting in a chair reading a book.
December 30, 2024
A sexual battery charge can disrupt your life and have life long consequences, such as mandatory sex offender registration, prison time, and lasting harm to your reputation. In this situation, working with an experienced sexual battery lawyer in Miami is essential to defend your rights and safeguard your future. At  MPM Law  , we specialize in defending individuals facing these charges and provide the local expertise you need to navigate the legal system. What is Sexual Battery in Florida? In Florida, sexual battery (often called sexual assault) is defined as non-consensual sexual activity. This includes situations involving: Force or Coercion Incapacitation (the person is unable to consent due to drugs, alcohol, or unconsciousness) Lack of Consent Sexual battery charges can range from a second-degree felony to a life sentence, depending on the circumstances. A conviction could lead to decades in prison and mandatory sex offender registration. Because of these severe consequences, it is critical to work with a skilled Miami criminal defense lawyer to protect your future. Common Defenses Against Sexual Battery Charges A sexual battery lawyer in Miami can help you understand what legal defenses could apply to your case when facing sexual battery accusations. Some common defenses include: Consent: Evidence like text messages, emails, or witness testimony may prove that both parties agreed to the encounter. Mistaken Identity: This is when the wrong person is accused. Your attorney can present alibi evidence, surveillance footage, or witness statements to prove you were not involved. Lack of Evidence: Prosecutors must prove the allegations beyond a reasonable doubt. A strong defense can challenge weak or insufficient evidence, such as unreliable testimony or a lack of physical proof. No Force or Coercion: If the allegations are based on claims of force or intimidation, your lawyer can demonstrate that no such elements occurred during the encounter. Incapacitation or False Perception: If the accuser was under the influence or misunderstood the situation, it may lead to wrongful accusations. Your Miami criminal defense lawyer can investigate how these factors may have affected the case. Each case is unique, and an experienced Miami criminal defense lawyer will carefully analyze the details to determine the best approach for your defense. How a Local Miami Sexual Battery Lawyer Can Help Working with a local attorney like the team at  MPM Law  , offers significant advantages: Understanding Local Courts: We know the judges, prosecutors, and legal processes in Miami, giving us insight into how to build the most effective defense strategy. Quick Response: A local attorney can meet with you quickly, attend hearings, and provide immediate support when you need it most. Access to Resources: We work with local experts, investigators, and witnesses to strengthen your defense. The Role of a Skilled Miami Criminal Defense Lawyer When you’re facing sexual battery charges, hiring an experienced sexual battery lawyer in Miami is your best chance at a fair outcome. Here’s how an attorney can help: Initial Case Assessment Your lawyer will begin by evaluating the charges against you, the evidence, and any potential defenses. An experienced lawyer can quickly identify weaknesses in the prosecution’s case and begin preparing a strategy to challenge the charges. Evidence Gathering and Analysis Collection and analysis of evidence form a very essential segment of the defense process. It may also include interviewing witnesses, checking surveillance footage and analyzing forensic evidence in terms of DNA. A skilled sexual battery lawyer will use the evidence thus put together to undermine the prosecution’s claims. Challenging Prosecutorial Methods An experienced lawyer is going to pick the prosecution’s case apart and cross-examine witnesses to test the credibility of the evidence presented. By identifying flaws in the prosecution’s reason, your lawyer will effectively defend your innocence. Plea Bargaining or Charge Reduction For some, the best option may be the plea deal. A highly skilled defense lawyer can negotiate with prosecution and help him with charges, whether to bargain for a lesser sentence or to simply get it reduced to probation. Trial Representation If your case goes to trial, your Miami criminal defense lawyer will represent you in court, presenting a strong defense for all of your rights and liberty. Why Choose  MPM Law  When facing sexual battery charges, it is crucial to hire a Miami criminal defense lawyer with experience in handling similar cases.At  MPM Law  , we understand how serious sexual battery charges are and the impact they can have on your life. As skilled sexual battery lawyers in Miami we are here to stand by your side, protect your rights, and fight for your future. If you are charged with such accusations, contact MPM Law on  305-330-5445  . The criminal defense lawyer will safeguard your rights and advocate the best possible outcome in your case as a skilled Miami sexual battery lawyer . Don’t wait, reach out today and take the first step toward securing your future.