What is a preliminary hearing? A preliminary hearing is a legal proceeding held early in a criminal case to determine whether there is enough evidence for the charges to move forward. During the hearing, the prosecution presents evidence and may call witnesses to establish probable cause that a crime was committed and that the defendant was involved. The defense has the opportunity to cross-examine witnesses and challenge the prosecution’s evidence. A preliminary hearing is not a trial and does not determine guilt or innocence; instead, it serves as a safeguard to ensure that criminal charges are supported by sufficient evidence before the case proceeds to the next stage of the court process.