As seen on:
1610 Southern Blvd.
West Palm Beach, FL
Board Certified Criminal Trial Specialist
A felony defendant is entitled to an adversary preliminary hearing to determine whether probable cause exists regarding the felony within 21 days of the date of his arrest or service of capias.
A felony must be formally charged by indictment or information even if the defendant has not been taken into custody.
Both parties may have process served upon witnesses regarding the charges. Also, both parties may examine and cross-examine the witnesses in the presence of the defendant. If the defendant testifies, anything he says may be used against him in future at trial.
If the judge finds probable cause regarding the felony, the defendant must answer to the charges. If probable cause is not found, the defendant is released. However, this release does not bar future prosecution regarding the alleged crime.