A preliminary hearing is a very important step in the entire process. Usually the state will be required to call at least some witness or witnesses to the stand to convince a judge that probable cause exists. This process is important because witnesses, including police officers, do not have to talk to defense counsel as he or she prepares for trial. This preliminary hearing may be the only time counsel has an opportunity to hear what a witness has to say.

The testimony of all witnesses at a preliminary hearing is given under oath and subject to cross-examination. The testimony is recorded. This process is a very important tool in preparing for your jury trial later in Criminal Court.

Since the judge conducting the preliminary hearing will only be making a probable cause finding there is often no need for you to testify or for your witnesses to testify. Many clients become frustrated when they are not allowed to take the stand and tell their side of the story at the preliminary hearing. Many times the reason the attorney does not allow them to do that is because, in the attorney's mind, the state has put on sufficient evidence to establish probable cause. The case, therefore, will be bound over to the Knox County grand jury. If the lawyer were to allow you or your witnesses to testify, it would simply be giving the prosecutor's office the opportunity to hear your version of the events and prepare to refute that at the trial. It is the rare situation that a client can help himself or herself by testifying at the preliminary hearing. Discuss with your lawyer whether you will be testifying at the preliminary hearing. Make sure you understand why the decision is made.

As important as they are, there are legitimate reasons to "waive" or give up your right to a preliminary hearing. However, before you do that, make sure you have discussed it in detail with your lawyer. Often times clients will waive their right to a preliminary hearing in return for the state's agreement to reduce the client's bond. Attorneys in this office are strongly discouraged from adopting that practice. Your temporary release from jail by waiving your right to a preliminary hearing must always be balanced against the day when you will face a jury with no idea what a witness is going to say. Further, once you have had a preliminary hearing, your lawyer may uncover weaknesses in the state's case that would justify a Criminal Court judge in reducing a client's bond anyway.

Once the Sessions Court judge conducts a preliminary hearing, he or she will make a "probable cause" finding. If he or she believes that probable cause does not exist, the case will be dismissed. You need to be aware however, this is extremely rare. You must remember, the judge is not making a guilt or innocence finding, beyond a reasonable doubt. The judge simply is determining whether there is some factual basis to justify the issuance of an arrest warrant. Judges nearly always make that finding. If the judge finds the existence of probable cause, the case will be bound over to the Knox County grand jury.