Legal Question in Criminal Law in Georgia

Re: peliminary hearing

The purpose of a preliminary hearing is to verify that there is probable cause supporting the charges you were arrested on, i.e., the theft by taking. Remember that probable cause was also needed to bring the charges and arrest you in the first place, so 99% of the time the judge finds that there is probable cause at the prelim and the case is bound over to either superior or state court (that depends on whether it is a felony or a misdemeanor). Many times, the prelim is waived and the case is bound over without the formality of a hearing. This is done because prelims can be used as a fishing expedition to elicit more evidence for the prosecution of your case, since the rules of evidence don't apply. However, if you seek to elicit information from the state's witnesses, a hearing may be worth while.

If the case has been bound over already, you may be going to court tomorrow for your arraignment. That is when the charges are officially read to you by the judge, and you will have the option to plea guilty or not guilty. If you plan on hiring an attorney, you should plea not guilty and get a new court date. If you are unsure what to do, plea not guilty, get a new court date, and call an attorney to go over your options. A lot of criminal defense attorneys offer a free consultation.