How Long Does A Preliminary Hearing Take?
If you’re facing a criminal case, you may be wondering what a preliminary hearing actually involves – and how long you’ll be sitting in court.
The good news is that many preliminary hearings are relatively short, sometimes taking just 15 to 30 minutes!
But more complicated cases can take several hours or even require additional court dates.
In this post, we’ll go over how long a preliminary hearing usually takes, what happens during one, what can cause delays, and how the timeline can vary from state to state.
How Long Does A Preliminary Hearing Take?
Most preliminary hearings wrap up in about thirty minutes to a couple of hours if there are only one or two witnesses.
A more involved hearing can last several hours, and complicated cases with several witnesses, or requires a lot of evidence can sometimes require more than one court date.
The prosecution only needs to show reasonable grounds that a crime happened, so it moves much faster than a full trial.
How long it takes usually comes down to how many questions the attorneys ask, how busy the court schedule is that day, and a few other things (more on this later).
Also Read: How Long Can A Jail Hold You For Another County?
What Happens During A Preliminary Hearing?
A preliminary hearing is kind of like a mini-trial, except there is no jury sitting in the courtroom.
The prosecutor takes the stage first to present a preview of their case, calling a handful of witnesses and submitting physical evidence to the judge.
The defense attorney gets a chance to cross-examine those witnesses and challenge the strength of what the prosecutor brings forward.
After listening to both sides, the judge makes a final decision. If the judge finds sufficient probable cause, the criminal case generally moves forward. If the prosecution does not establish probable cause, the judge may dismiss the charges at that stage or take another action allowed under state law.
That doesn’t necessarily mean the entire legal matter is permanently over though.
What Can Make A Preliminary Hearing Take Longer?
Here are some of the biggest factors that can add time to a hearing:
#1 Number Of Witnesses
Witnesses can make a hearing considerably longer.
Each witness may need to answer questions from the prosecutor and then face cross-examination from the defense attorney.
Also Read: Can A Felony Charge Be Dropped Before Trial?
One witness might take only a few minutes. Several witnesses can turn that into hours.
The type of testimony matters, too. A straightforward witness may be finished quickly, while someone involved in a complicated investigation could require much more questioning.
#2 Amount Of Evidence
The amount of evidence involved can also affect the length of the hearing.
A case with a small amount of straightforward evidence may move along quickly.
A case involving documents, photographs, video footage, physical evidence, or other materials can take more time to explain and examine.
The court may need to hear arguments about how certain evidence should be handled, which can add even more time.
#3 Complexity Of The Charges
Some criminal charges are relatively straightforward.
Others involve complicated legal or factual questions.
A case involving multiple allegations, technical evidence, or a detailed investigation may require more explanation during the hearing.
The more issues the attorneys need to address, the more time the judge may need to spend listening to both sides.
#4 Whether Witnesses Are Available
Witness availability can affect the schedule quite a bit.
A witness who is ready to appear in court can help the hearing move forward. A witness who cannot attend may cause part of the hearing to be postponed or rescheduled.
Courts have busy calendars, so even a seemingly small scheduling problem can sometimes create a bigger delay.
Also Read: Can A Motion For Continuance Be Denied?
#5 Objections And Legal Arguments
Attorneys may raise objections or make legal arguments during the hearing. The judge may need to stop and consider those arguments before continuing.
Sometimes an issue is resolved quickly.
Other times, the attorneys may need to explain their positions in more detail.
These pauses can add time, especially in a case involving disputed evidence or complicated legal questions.
#6 Cross-Examination
Cross-examination also affects how long a preliminary hearing takes.
After the prosecution questions a witness, the defense attorney can question that witness. The length of this questioning depends on the witness and the issues involved.
A short cross-examination may take only a few minutes.
A detailed cross-examination can last much longer, particularly when the defense is examining inconsistencies or digging into the investigation.
#7 Whether Multiple Defendants Are Involved
A preliminary hearing involving multiple defendants can naturally take longer than a case involving one defendant.
Different defendants may have separate attorneys, different legal arguments, and different questions for witnesses. The court may also need to consider issues that apply to one defendant but not another.
That can make the hearing more complicated and increase the amount of time needed.
#8 Court Scheduling And Delays
Sometimes the biggest reason a hearing takes longer has nothing to do with the evidence itself.
Courts have crowded schedules. A hearing may be scheduled for a certain time, but another matter could run late. A judge, attorney, witness, or defendant may also have a scheduling conflict.
So there’s a difference between the actual length of the hearing and the amount of time the entire process takes from start to finish.
A hearing scheduled for one hour, for example, could end up being moved to another date if the court doesn’t have enough time to finish everything.
How Long After An Arrest Is A Preliminary Hearing Held?
In most cases, a preliminary hearing takes place within 10 to 14 days of an arrest if the person stays in jail.
If they post bail and are released, the hearing is usually scheduled within 20 to 30 days.
These statutory deadlines exist to protect a defendant’s right to a prompt appearance, though either side can request an extension or the defendant might choose to waive the strict time limit to give their attorney more room to prepare.
Bottom Line
A preliminary hearing typically takes between 30 minutes and 2 hours for straightforward criminal cases.
However, for complex cases involving multiple defendants, extensive physical evidence, or numerous witness testimonies, the hearing can last one to two full days or longer.
Even though the hearing itself is relatively brief, the time it takes to reach this stage generally happens within 14 to 30 days following the defendant’s initial arraignment.
