Is a Preliminary Hearing a Trial in Fairfax County, Virginia?
Battlefield Law Group attorney Lili O’Connell explains what a preliminary hearing is and how it differs from a trial.
Is a Preliminary Hearing a Trial in Fairfax County, Virginia?
Have you been charged with a felony DUI or another felony offense in Fairfax County and have a preliminary hearing scheduled? Is this a trial, and what does it mean for your case?
Preliminary hearings are a required step in most felony cases in Fairfax County, including felony DUI matters. They often occur quickly after charges are filed and before many people fully understand what the hearing is meant to accomplish. Knowing the limited purpose of a preliminary hearing can help you better understand what is happening in court and why this stage still matters.
What Is a Preliminary Hearing in Fairfax County?
In Fairfax County, a preliminary hearing is a court proceeding used to determine whether there is enough evidence for a felony case to move forward. These hearings are typically held in Fairfax County General District Court before a case is transferred to Fairfax County Circuit Court.
At a preliminary hearing, the judge is not deciding guilt or innocence. The court’s role is limited to determining whether probable cause exists to believe that a crime was committed and that the accused is connected to that crime. If probable cause is found, the case is certified to Circuit Court, where felony cases are ultimately resolved.
This process applies to a wide range of felony charges, including felony DUI cases, which often involve complex factual and legal issues.
How a Preliminary Hearing Differs From a Trial
Although a preliminary hearing takes place in a courtroom and may involve testimony from witnesses, it does not function like a trial. There is no jury, and the judge is not weighing evidence to determine guilt beyond a reasonable doubt.
The legal standard at a preliminary hearing is much lower. The judge is only deciding whether the case can legally proceed. Because of this limited purpose, many felony cases, including felony DUI cases, continue past the preliminary hearing stage even when there are issues that may later be challenged in Circuit Court.
Understanding this distinction is important, as many people expect a preliminary hearing to resolve their case when, in reality, it is one step in a longer process.
Why Preliminary Hearings Matter in Fairfax Felony and Felony DUI Cases
While the purpose of a preliminary hearing is narrow, it can still be an important stage of a felony case.
A preliminary hearing allows the defense to hear what evidence the prosecution is prepared to present at that point. This may include testimony from law enforcement officers, accident investigators, or other witnesses, which is particularly relevant in felony DUI cases involving allegations of serious injury or prior offenses.
Information learned during a preliminary hearing can help clarify how the prosecution is approaching the case, identify potential weaknesses or inconsistencies, and preserve testimony that may become relevant later in Circuit Court. What occurs at this stage often influences how a case proceeds moving forward.
What Happens After a Preliminary Hearing?
If the judge finds probable cause, the case is certified to Fairfax County Circuit Court. From there, the case may involve additional court hearings, motions challenging evidence or procedure, negotiations with the prosecution, or a trial.
If probable cause is not found, the charge may be dismissed at that stage, although dismissals at preliminary hearings are relatively uncommon in felony cases.
Why Experience in Fairfax County Matters
Fairfax County courts handle a high volume of felony and felony DUI cases, and the procedures, expectations, and prosecutorial practices can differ from other jurisdictions. Understanding how preliminary hearings are typically handled in this court system is an important part of preparing for what comes next.
Although a preliminary hearing is not a trial, experienced trial attorneys approach these hearings with careful attention to the evidence being presented. What is said, how witnesses testify, and how the case is framed at this stage can influence later proceedings in Circuit Court.
Battlefield Law Group regularly handles felony and felony DUI cases in Fairfax County. Our attorneys approach preliminary hearings with the same focus and preparation required for trial, paying close attention to the evidence and to protecting a client’s rights at every stage of the process. That commitment to careful, client-centered defense has contributed to Battlefield Law Group being recognized as one of the top criminal defense firms in Manassas, Virginia by Business Rate, based on real client reviews and consistent dedication to our work.
Getting Guidance Early Matters
Every felony case is different. How a preliminary hearing affects your situation depends on the charge, the evidence, and how the case is handled in Fairfax County courts. Having a clear understanding of the process early on can make a meaningful difference in how prepared you feel as your case moves forward.
