What Is a Preliminary Hearing in West Virginia Criminal Cases?
A preliminary hearing is one of the most important—and often misunderstood—stages of a criminal case in West Virginia. For defendants facing felony charges, this hearing can determine whether the case moves forward at all. While it may seem like a routine procedural step, a preliminary hearing can significantly impact the direction and outcome of a case.
Understanding what happens at a preliminary hearing and why it matters can help you better protect your rights.
Purpose of a Preliminary Hearing
The purpose of a preliminary hearing is to determine whether probable cause exists to believe a crime was committed and that the defendant committed it. This is not a trial and does not determine guilt or innocence.
If the judge finds insufficient probable cause, the charges may be dismissed—though prosecutors may sometimes refile.
When Preliminary Hearings Occur
Preliminary hearings typically occur in felony cases shortly after arraignment, unless the defendant waives the hearing or the case proceeds directly to a grand jury.
What Happens During the Hearing
Prosecutors present limited evidence, often through a single police officer or witness. Defense attorneys may cross-examine witnesses, challenge evidence, and expose weaknesses in the prosecution’s case.
Strategic Advantages for the Defense
A skilled defense attorney can use the hearing to:
Lock in witness testimony
Discover weaknesses in evidence
Challenge probable cause
Influence plea negotiations
Why Waiving Can Be a Mistake
While waiving a preliminary hearing may seem convenient, it forfeits valuable opportunities for early defense strategy.
Importance of Legal Representation
An experienced West Virginia criminal defense lawyer can decide whether to waive or fight the hearing based on the facts of the case.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.