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Posted on October 7, 2025 in Arizona Law
If you’ve been charged with a felony in Phoenix, Arizona, you may be scheduled for a preliminary hearing–one of the earliest and most important steps in the criminal justice process. Understanding what happens at this hearing can help you make informed decisions and protect your rights from the very beginning.
Below, we explain what a preliminary hearing is, when it happens, what to expect, and why hiring a criminal defense attorney is essential.
A preliminary hearing is a court proceeding where a judge decides whether there is probable cause to believe you committed the crime you’ve been charged with. It’s not a trial—instead, it’s a legal checkpoint to determine whether the prosecution’s case is strong enough to move forward.
This hearing typically takes place in a lower-level criminal court and applies to felony cases that haven’t gone through a grand jury indictment. The standard of proof is much lower than at trial—the judge only needs to find probable cause that a crime was committed and that the defendant may be responsible.
Not every criminal case in Arizona includes a preliminary hearing. In misdemeanor cases, there is no preliminary hearing because those cases typically go directly to trial in municipal or justice court.
In felony cases, a preliminary hearing is only held if the prosecution has not already secured an indictment from a grand jury. If they use a grand jury (common in serious or high-profile cases), the preliminary hearing is skipped entirely.
In some cases, the defendant may waive the preliminary hearing, often as part of early plea negotiations.
During the hearing, the prosecutor presents evidence and witness testimony to try to establish probable cause. The defense has limited rights in this phase, but can still:
The judge may take one of three actions:
Although rare, dismissals can happen if the case is weak or improperly handled.
A preliminary hearing isn’t about proving guilt or innocence, but it does let the defense test the prosecution’s evidence. By exposing weaknesses early, your lawyer can protect your rights, shape negotiations, and influence how the case progresses.
This hearing can also:
If used strategically, the preliminary hearing can set the tone for the rest of the case.
Even though the preliminary hearing is shorter and less formal than a trial, having a criminal defense attorney by your side is critical.
A skilled Phoenix defense lawyer can:
Local experience matters—your attorney will understand how Maricopa County prosecutors and judges typically handle these hearings, giving you an edge.
If you’re facing felony charges in Phoenix, AZ, don’t wait to seek legal representation. A preliminary hearing is a critical early stage in your case—and how it’s handled can affect everything that comes after. An experienced criminal defense lawyer can help you understand your rights, challenge the prosecution’s evidence, and work toward the best possible outcome.
Contact Orent Law Offices to schedule a consultation with a Phoenix criminal defense attorney today and take the first step towards protecting your future.
For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.
