A preliminary hearing is a felony checkpoint: a hearing where a judge decides whether there is enough evidence to make you stand trial.
Misdemeanors skip it — but for a wobbler charged as a felony, it is a key opportunity.
What It Is
In a felony case, before trial, the prosecution must show a judge at a preliminary hearing that there is enough evidence to proceed. The People call witnesses; the defense can cross-examine them and challenge the evidence. Misdemeanor cases do not have preliminary hearings — they go straight toward trial.
The Standard
The bar is probable cause — lower than the beyond-a-reasonable-doubt standard at trial. That means many cases survive a prelim. But it is still a real test, and where the evidence is thin, charges can be reduced or dismissed at this stage.
Why It Matters
The preliminary hearing is one of the best moments to attack a felony — especially a wobbler. It is a chance to lock in witness testimony, expose weaknesses, and argue for a reduction to a misdemeanor (PC 17(b)). Even when a case is not dismissed outright, what happens at the prelim shapes the negotiation that follows.
Frequently Asked Questions
What is a preliminary hearing in California?
It is a felony-case hearing where a judge decides whether there is enough evidence — probable cause — to make the defendant stand trial. The prosecution calls witnesses, and the defense can cross-examine them and challenge the evidence. Misdemeanor cases do not have preliminary hearings.
What is the standard at a preliminary hearing?
Probable cause — a lower standard than the beyond-a-reasonable-doubt standard required at trial. Many cases survive a preliminary hearing, but where the evidence is thin, charges can be reduced or dismissed at this stage.
Do misdemeanors have preliminary hearings?
No. Preliminary hearings are for felony cases. Misdemeanor cases proceed toward trial without one. For a wobbler charged as a felony, though, the preliminary hearing is a key opportunity to seek a reduction to a misdemeanor under PC 17(b).
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com