Georgia DUI Preliminary Hearing

If you have been charged with a DUI and you are confused about the pending court process - don't worry! Here you'll find information regarding the preliminary hearing and what you can expect. Remember, one of our DUI defense attorneys at the Law Offices of Webb, Willis, and Kohn will also be with you to help you through this stage.

The preliminary hearing is really just a trail before the trial. It is usually held soon after the arraignment process. This is where the judge will decide whether there is enough evidence to force you to stand trial. The judge does not determine whether you are "guilty" or "not guilty" at this stage.

To make his determination, the judge uses what is known as "probable cause". This is a legal standard, deciding whether the government has produced enough evidence to convince a reasonable jury that the defendant committed the crime(s) charged.

The judge listens to arguments presented by the government prosecutor and from the defendant and/or their attorney. During this time, the prosecutor may call an expert witness to testify and can introduce physical evidence in an effort to convince the judge that the case should go to trial. The defendant's attorney will cross-examine the witness and call into question any other evidence presented against the defendant. He will seek to convince the judge that the prosecutor's case is not strong enough, so that the case against the defendant must be dismissed before trial.

Preliminary hearings also depend on the case. It may not be held in every criminal case in which a "not guilty" plea is entered. Depending on the state, courts may conduct preliminary hearings only when a felony is charged. Other states utilize a "grand jury indictment" process in which a designated group of citizens decides whether, based on the government's evidence, the case should proceed to trial. A plea bargain may also between the government and the defendant.