What is a New York Preliminary Hearing and How Does It Work?

The COVID-19 pandemic has made an impact on the legal system, especially with regard to Grand Juries. In New York state courts, Preliminary Hearings have once again become an important part of the process. At Spodek Law Group, we understand the importance of this legal process, and our attorney Todd Spodek is here to help guide you through it.

The Role of Grand Juries and Bail

In the past, when an individual was charged with a felony, the matter was adjourned for Grand Jury action. Under New York State Law, a Grand Jury is required to hear evidence presented by the prosecutor to determine whether there is enough evidence to charge someone with a crime. Bail would be set at the arraignment, and if the prosecutor didn’t obtain an indictment from the Grand Jury within 120 hours of the arraignment, the individual charged with the felony would be released.

If an individual was released at the arraignment under non-monetary conditions, they would still face a Grand Jury hearing, but prosecutors would have more time to present the case. The lack of available Grand Juries due to COVID-19 has led to the need for Preliminary Hearings.

The Function of New York Preliminary Hearings

Although Preliminary Hearings don’t replace the function of Grand Juries, they serve as a way for the judge to determine whether an individual’s bail from the arraignment needs to be reduced or eliminated entirely. The hearing is typically conducted through video conferencing, and the prosecutor calls witnesses to establish that there is reasonable cause to believe that an individual committed a felony. After the prosecutor presents the case, the defense has an opportunity to call witnesses as well.

Conducting a New York Preliminary Hearing

The New York Preliminary Hearing is conducted by a judge, who must determine if there is probable cause to believe that an individual committed a felony offense. If someone is charged with multiple felonies or has multiple felony cases, the judge only needs to determine that a single felony was committed to keep the bail in place. The prosecutor has discretion over the evidence presented at the hearing and which felony charge they seek to establish.

When is a New York Preliminary Hearing Conducted?

A Preliminary Hearing is conducted within 120 hours (5 days) of the arraignment. In some situations, the defense counsel can adjourn the hearing to a later date for strategic reasons.

At Spodek Law Group, we understand the complexity of the New York legal system and are here to help guide you through the process. With our attorney Todd Spodek by your side, you can rest assured that you have an experienced legal professional on your side who is committed to helping you navigate this challenging time.

How Long Does a New York Preliminary Hearing Last?

Preliminary hearings may seem short, but they are crucial parts of the legal process that can last between 1.5 to 2 hours. To ensure that the hearing proceeds within the given time frame, the Court often asks both parties to waive their opening and closing statements. Before the hearing begins, the defense counsel typically receives around 30 minutes to confer with their client. They are also given a break after the Government presents their evidence to confer with their client about whether they want to testify.

Does the Defendant Have the Right to Be Present During a New York Preliminary Hearing?

Defendants have a legal right to be present at their preliminary hearing, but there are exceptions. If the identification of the perpetrator is in question, the attorney may waive the client’s appearance to avoid a suggestive identification procedure by the complainant that may cause harm to the client’s case.

When Does the Judge Make a Decision?

The Judge decides whether there is probable cause that the individual committed a felony right after both sides rest. In most cases, the Judge requires waiving of the opening and closing statements due to time constraints. After the preliminary hearing, the Judge will either keep the bail the same if the prosecutor proves probable cause or lower the bail (in some cases down to $0) if the prosecutor fails to meet their burden of proof. The matter is then adjourned for Grand Jury Action.

What Happens After the Preliminary Hearing?

It is important to note that the Judge’s role in the preliminary hearing is to determine whether there is probable cause to believe that the individual committed a felony. The Judge does not replace the Grand Jury’s function in terms of issuing an indictment. After the preliminary hearing, the matter is adjourned to a later date for Grand Jury Action, where the Grand Jury determines whether the prosecutor can proceed with a criminal indictment.

Contact Top Rated New York Criminal Defense Attorneys

If you or your loved one is charged with a felony offense and you need an experienced criminal defense attorney to represent you at the preliminary hearing, the Spodek Law Group, led by Attorney Todd Spodek, is here to help. With a track record of success and a vast amount of experience handling a range of criminal cases, we are ready to provide you with the legal support and representation you need. Contact us today to schedule your consultation.

Preliminary Hearings for Felony Charges in New York

If you or someone you know has been arrested on felony charges in New York, it’s important to understand what a preliminary hearing is and how it can impact your case. A preliminary hearing, sometimes called a PH or a felony hearing, is the first opportunity for a defendant to be heard in front of a judge after being charged with a felony. At Spodek Law Group, our attorney Todd Spodek has years of experience representing clients in PHs and can help you navigate this complex legal process.

What is a Preliminary Hearing?

A preliminary hearing is a crucial step in the legal process that takes place within 120 hours of the time of the defendant’s arrest, or 144 hours if a weekend falls within that time frame. During the PH, a judge will listen to evidence presented by the prosecution and defense to determine if there is enough evidence to hold the defendant for action by the grand jury. The judge will decide if there is reasonable cause to believe that the defendant committed a felony, regardless of the specific charges filed.

If the judge finds that there is reasonable cause, the defendant will not necessarily be incarcerated. Instead, the judge can set bail or utilize Pre-Trial Services to monitor the defendant’s activities after their release. However, if the prosecution indicts the case within the time frame, the defendant will lose their right to a PH.