Facing criminal charges in Maryland can be overwhelming, especially when you're unfamiliar with the court process. One of the earliest steps in a criminal case is the preliminary hearing, and understanding what happens during this phase can help reduce anxiety and allow you to better prepare. At The Law Office of J. Wyndal Gordon P.A., we assist individuals throughout Baltimore as they navigate the criminal justice system.

What Is a Preliminary Hearing?

A preliminary hearing is a court proceeding used to determine whether there is probable cause to move forward with a felony case. This is not a trial—it does not determine guilt or innocence. Instead, the judge reviews the evidence to decide if the case should proceed to the Circuit Court for further action.

Preliminary hearings in Maryland are typically held in District Court, and only apply to felony cases that have not already been indicted by a grand jury. If the grand jury issues an indictment before the preliminary hearing, the hearing is canceled.

What Happens During the Hearing?

During the preliminary hearing:

• The prosecutor presents evidence, usually through witness testimony.
• The defense can cross-examine witnesses but cannot call its own.
• The judge assesses probable cause, not guilt or innocence.

If the judge finds no probable cause, the case may be dismissed. However, even a dismissal at this stage doesn't always mean the end of the case—the state may still pursue charges through a grand jury.

Do You Need an Attorney?

Absolutely. Although the preliminary hearing is limited in scope, it offers valuable opportunities. Your defense attorney can:

• Cross-examine key witnesses to gather early insight into the prosecution’s case.
• Discover weaknesses or inconsistencies in the evidence.
• Possibly negotiate for dismissal or reduced charges.

An experienced attorney can also guide you on whether waiving the hearing may be in your best interest depending on the circumstances.

What Should You Expect?

Preliminary hearings in Maryland are generally brief—often under an hour. You will not need to testify. Your attorney will advise you on courtroom conduct and speak on your behalf. The judge will either find probable cause or dismiss the case. If probable cause is found, your case will move to the next phase.

How The Law Office of J. Wyndal Gordon P.A. Can Help

If you're facing felony charges in Baltimore, you're not alone. At The Law Office of J. Wyndal Gordon P.A., we help clients prepare for every phase of the criminal process, including preliminary hearings. We provide guidance, protection of your rights, and representation every step of the way.