What Is the Purpose of a Preliminary Hearing in Oklahoma Criminal Cases?

If you’ve been charged with a felony in Oklahoma, one of the first major steps in your case may be a preliminary hearing. This hearing is often misunderstood, but it plays a critical role in protecting your rights and ensuring that the State has enough evidence to proceed with formal prosecution.

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What Is a Preliminary Hearing in a Criminal Case?

A preliminary hearing is a court proceeding that takes place in felony cases before the case moves to trial. It’s not the trial itself, and it’s not used to determine guilt or innocence. Instead, its main purpose is to determine whether there is enough evidence for the case to move forward.

This hearing is held in front of a judge—not a jury—and gives both sides a chance to present and test evidence early in the case.

What Is the Purpose of a Preliminary Hearing?

In Oklahoma, the purpose of a preliminary hearing is to:

1. Determine Probable Cause
   The judge must decide whether the State has presented enough evidence to show probable cause that (1) a crime was committed and (2) the defendant committed it. This is a much lower standard than proof beyond a reasonable doubt, which is required at trial.
2. Protect the Accused from Unjust Prosecution
   The preliminary hearing acts as a safeguard to ensure that people are not held for trial on baseless charges. If the judge finds that the State has not met its burden, the charges may be dismissed or reduced.
3. Expose Weaknesses in the State’s Case
   The defense can cross-examine the State’s witnesses and get a first look at how strong—or weak—the evidence really is. This can shape defense strategy, negotiations, or later motions.
4. Lock in Witness Testimony
   Testimony given under oath at a preliminary hearing is part of the official record. If a witness changes their story at trial, their earlier statements from the preliminary hearing can be used to challenge their credibility.

What Happens at the Hearing?

During the hearing:

• The prosecutor presents evidence and may call witnesses, such as police officers or alleged victims.
• The defense attorney can cross-examine those witnesses and may even present evidence of their own, though they are not required to.
• The judge then decides whether probable cause exists to bind the defendant over for trial in district court.

In some cases, the defense may waive the preliminary hearing as part of a plea agreement or for strategic reasons.

When Does The Hearing Take Place?

Under Oklahoma law, the preliminary hearing typically takes place within a few weeks or months after a felony charge is filed. The timeline can be affected by factors like the complexity of the case, continuances, or plea negotiations.

For felony charges, you have a right to a preliminary hearing, and it should not be overlooked or waived without careful thought and advice from your attorney.

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You Need a Criminal Defense Attorney in Tulsa

The preliminary hearing is your first opportunity to test the State’s case and potentially shape the outcome of your charges. An experienced criminal defense attorney will:

• Cross-examine witnesses to expose inconsistencies or weaknesses
• Argue for dismissal if the State fails to establish probable cause
• Preserve important issues for future motions or appeal
• Negotiate with the prosecution for reduced charges based on the evidence

At Kania Law Office, we represent clients throughout Oklahoma at every stage of a criminal case, including the preliminary hearing. If you’ve been charged with a felony, don’t wait. Contact us today to make sure your rights are protected from the very beginning. For a free consultation with one of our Tulsa criminal lawyers, call 918.743.2233. To ask a free online legal question, follow this link.