Preliminary hearings occur in California felony cases and are often described as a “mini trial”. The prosecution must establish probable cause through the introduction of evidence and witness testimony. However, the burden is low. At prelim, officers can testify to hearsay via Prop 115 but they can’t at trial. That means that if a victim doesn’t show at prelim the case moves forward but the DA will have problems at trial, sometimes resulting in dismissal. The challenging of the evidence by the defense is an opportunity to expose holes in the People’s case, which can result in a better offer. If the court holds the client to answer to the charges then a hearing for arraignment on the information is set.
