Preliminary hearing

A preliminary hearing is a condensed proceeding before a judge, with no jury. The prosecution calls witnesses, presents evidence, and tries to establish probable cause that a crime was committed and that this defendant committed it. The defense can cross-examine the prosecution's witnesses and challenge the sufficiency of the evidence.

The difference from trial: the prosecution doesn't have to prove guilt beyond a reasonable doubt. It only has to show probable cause, a much lower standard. Nevada courts have described this as "slight or marginal" evidence being sufficient. The hearing is designed to screen out cases with essentially no evidentiary support, not to resolve close calls in the defendant's favor.

If the court finds probable cause on a charge, that charge is "bound over" to District Court for further proceedings. If it doesn't, that charge is dismissed at the justice court level.

Because the probable cause standard is low, the prosecution wins the preliminary hearing in most cases. Full dismissal at this stage is uncommon. The hearing still has value. The most common useful outcomes are:

• Partial dismissal. Some counts survive and some don't. A defendant charged with two counts of burglary and one count of grand theft may have the theft count dismissed while the burglary counts are bound over. Fewer counts means less exposure at sentencing and a better position in plea negotiations.
• Prosecution failure to appear. If the prosecution isn't prepared and doesn't bring its witnesses, the court typically grants one continuance. If it fails a second time, the case can be dismissed entirely.
• Cross-examination record. Even when charges are bound over, the preliminary hearing locks witnesses into sworn testimony. Inconsistencies between that testimony and what they say at trial are strong impeachment material.
• Plea leverage. Seeing the prosecution's witnesses on the stand, under cross-examination, often speeds up plea negotiations. A witness who testifies poorly at the preliminary hearing makes the prosecution less confident about trial.

Nevada law gives defendants the right to have their preliminary hearing held within 15 days of arraignment. That right can be waived, which delays the hearing to a later date, or asserted, meaning the defense demands the hearing on the earliest available date.

Which choice is right depends on the case. Demanding the 15-day hearing can be useful when:

• The prosecution is likely to be unprepared at the earliest date
• A key witness may not be available quickly
• The defense wants to lock in witness testimony before it can be coordinated

Waiving the 15-day right and delaying the hearing makes sense when:

• Plea negotiations are ongoing and more time improves the offer
• The defense needs more time to investigate before cross-examining witnesses
• Additional discovery is expected that will affect the defense strategy

There's no universal right answer. The timing decision depends on the specific facts, the prosecutor, and the court.

When charges are bound over after the preliminary hearing, the case transfers to the Nevada District Court. In Clark County, this means the Regional Justice Center in downtown Las Vegas: the same building as the Justice Court, with different floors and different judges.

After the transfer, the defendant will have a District Court arraignment, a second arraignment at the higher court level. A new not guilty plea is typically entered, and the case proceeds into the District Court discovery and motions phase.

The District Court arraignment also starts a clock: after that hearing, there is a 21-day window to file a pretrial habeas corpus petition (a petition challenging the legality of custody) that attacks the bind-over. If the deadline passes, that option is gone.

If a justice court judge finds probable cause and binds a case over, that decision isn't necessarily final. After the District Court arraignment, the defense can file a Pretrial Petition for Writ of Habeas Corpus. It works like an appeal, asking the District Court judge to review the justice court's probable cause finding and reach a different result.

This is most useful when the evidence at the preliminary hearing was genuinely insufficient on a specific charge, or when legal errors affected the outcome. The District Court reviews the transcript and evidence from the preliminary hearing and can dismiss charges that shouldn't have been bound over.

The deadline is firm: the petition must be filed within 21 days of the District Court arraignment, unless the court grants an extension. Missing this window forfeits the option entirely. Someone has to track the deadline and decide early whether a petition is warranted, because this step cannot be made up later.

Once your case resolves, you may be eligible to seal the record, which removes it from background checks. If you were convicted and believe legal errors occurred at trial, an appeal may be an option.