What Is a Preliminary Hearing in Mississippi?
A preliminary hearing is a critical early step in Mississippi’s criminal justice process—especially for those charged with a felony. Its main purpose is to determine whether there is probable cause to believe a crime has been committed and that the defendant is responsible.
Here’s what you need to know about how preliminary hearings work:
What Is the Nature of a Preliminary Hearing?
A preliminary hearing is a formal court proceeding conducted before a judge—not a jury. Its purpose is to determine whether the evidence supports allowing the case to move forward to a grand jury or trial. It is not a trial and does not determine guilt or innocence.
What Does “Probable Cause” Mean?
The judge evaluates whether probable cause exists to support the charges. This means the judge is asking: Is it more likely than not that a felony was committed, and that the defendant committed it?
At this stage, the prosecution presents a summary of its evidence. The standard is much lower than at trial, and the State is not required to prove guilt beyond a reasonable doubt.
Can the Judge Set Conditions for Release?
Yes. If the defendant is in custody, the judge may use the hearing to set bail or other conditions of release. This can include bond amounts, ankle monitors, or other restrictions while the case proceeds.
What Rights Does a Defendant Have at a Preliminary Hearing?
While defendants do have rights—such as the right to cross-examine the State’s witnesses and, in some cases, to present their own evidence—those rights are limited at this stage. Importantly:
- Hearsay evidence is allowed, meaning the prosecution can rely on secondhand accounts rather than live witnesses.
- Motions to suppress (like arguments that an arrest was based on an illegal search or stop) are not permitted at a preliminary hearing. These are addressed later through pretrial motions.
What Are the Possible Outcomes?
Several things can happen during a preliminary hearing:
- The judge may dismiss the case if probable cause is lacking.
- The charges may be reduced or amended.
- If probable cause is found, the judge will “bind the case over” to the grand jury to consider indictment.
What Happens If the Case Is Dismissed?
If the judge finds no probable cause, the defendant may be released from custody. But be aware: dismissal at the preliminary hearing does not stop the prosecution from later presenting the same charge to a grand jury.
Why This Hearing Matters
The preliminary hearing is more than a procedural formality—it can:
- Reveal the State’s theory of the case
- Allow your lawyer to cross-examine witnesses under oath
- Impact your bond conditions or pretrial release
That’s why it’s so important to have an experienced criminal defense lawyer with you from the start.
Want a More Detailed Breakdown?
Check out our latest article: 10 Things to Know About Preliminary Hearings in Mississippi Criminal Cases — an easy-to-understand guide packed with practical tips and insights.
Facing a felony arrest? Don’t wait.
At McCormick Lawrence, PLLC, we handle preliminary hearings every week across courts in South Mississippi—and we know how to use them to our clients’ advantage. If you or a loved one is facing criminal charges, contact us today to discuss your case