What to Expect at a Preliminary Hearing in Georgia

June 19, 2025

What to Expect at a Preliminary Hearing in Georgia

When you're facing criminal charges in Georgia, one of the first and most critical steps in the legal process is the preliminary hearing. Also known as a "committal hearing," this stage serves as a checkpoint for the court to determine whether there is enough evidence to move your case forward. At Darden & Musson Law, we assist individuals throughout Savannah who need trusted legal guidance during these early and important proceedings.


Purpose of a Preliminary Hearing


The primary goal of a preliminary hearing is to evaluate whether there is probable cause to believe that a crime was committed and that the accused individual was involved. It is not a trial—there is no verdict or sentencing at this stage. Instead, it’s an opportunity for the prosecution to present enough evidence to justify continuing with the case.


What Happens During the Hearing?


  1. Presentation of Evidence
    The prosecutor will present limited evidence and may call witnesses, typically law enforcement officers. Unlike a trial, the standard of proof is much lower—only probable cause is needed.
  2. Cross-Examination
    Your defense attorney can cross-examine the prosecution's witnesses. This can help uncover weaknesses in the case early on and may lead to reduced charges or even dismissal in some instances.
  3. No Requirement to Testify
    As the defendant, you are not required to testify during the preliminary hearing. In fact, it is usually advised that you do not.
  4. Possible Outcomes
  • If the judge finds probable cause, the case moves forward to the Superior Court.
  • If not, the charges may be dismissed, although they can be refiled later.


Why Legal Representation Matters


Having an attorney present during your preliminary hearing is vital. This early phase can set the tone for how the rest of your case proceeds. At Darden & Musson Law, we advocate for our clients from the beginning, helping to protect your rights and challenge any unjust charges at the outset.


Contact Darden & Musson Law


If you’re facing a preliminary hearing in Savannah or anywhere in Georgia, don’t go it alone. Let Darden & Musson Law stand with you and guide you through every step of the process.

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