Preliminary Hearing

 

A preliminary hearing is a probable cause hearing. At a preliminary hearing, the prosecutor presents testimony and evidence in an effort to show that a criminal offense has been committed, and that there is probable cause to believe that the defendant committed it.

If the judge finds following the preliminary hearing that the prosecutor has presented at least “slight or marginal” evidence that there a criminal offense has been committed, and that there is probable cause to believe that the defendant committed it, that defendant is “bound over” to the Fourth Judicial District Court in the Elko County Courthouse for further proceedings in the case.

The Fourth Judicial District Court is a court of general jurisdiction where defendants bound over on felony or gross misdemeanor charges have the right to a speedy and public jury trial of their peers.