For many people charged with a felony in Las Vegas, the preliminary hearing is the first time the case stops being paperwork and becomes testimony. It is the first moment a prosecutor has to put witnesses on the stand, and the first time your lawyer can question them in open court. It is also one of the most misunderstood hearings in the Nevada criminal process, because it is not a trial and it does not decide guilt.

The short answer: A preliminary hearing is a Justice Court hearing in a felony or gross misdemeanor case where a judge decides whether there is probable cause to believe a crime was committed and that you committed it. If the judge finds probable cause, the case moves up to district court. If not, the judge dismisses the charge. Many defendants waive the hearing as part of a negotiation, and some cases skip it entirely through a grand jury indictment, so the first question is whether you will have one at all.

What a Preliminary Hearing Is, and What It Is Not

A preliminary hearing, which Nevada's statutes call a preliminary examination, is a screening step. Its only job is to decide whether the State has enough evidence to justify sending the case forward. Under NRS 171.206, if the evidence shows probable cause to believe an offense was committed and that the defendant committed it, the judge holds the defendant to answer in district court. If it does not, the defendant is discharged.

Three points clear up most of the confusion:

• It is not a trial. There is no jury, and the judge is not deciding whether you are guilty.
• The standard is probable cause, not proof beyond a reasonable doubt. That is a much lower bar, and in many cases the judge finds it met.
• It is not an arraignment. At an arraignment, the court reads the charges, and you enter a plea. At a preliminary hearing, witnesses testify, and the judge weighs evidence.

Who Gets a Preliminary Hearing in Nevada

Preliminary hearings are held in felony and gross misdemeanor cases that begin with a complaint in Justice Court, such as Las Vegas Justice Court, Henderson Justice Court, or North Las Vegas Justice Court. Misdemeanors don't get one because they are handled start to finish in justice or municipal court.

Even in a felony case, there are three ways the first stage can go:

1. The hearing is held. The prosecutor presents witnesses, and the defense can question them.
2. The hearing is waived. This often happens as part of a negotiated resolution, which we explain below.
3. The prosecutor goes to a grand jury. If a grand jury indicts, the case does not get a preliminary hearing, because probable cause has already been found. A grand jury hears from the prosecution, and the defense generally does not cross-examine witnesses the way it can at a preliminary hearing.

When It Happens: The 15-Day Window

If you do not waive the hearing, NRS 171.196 requires the judge to hear the evidence within 15 days, unless the court extends that time for good cause. The law also allows reasonable time for your attorney to appear. In practice, defendants often agree to more time, for example to review the State's evidence or to negotiate.

Postponements are a strategic choice, not a free one. If a party asks for a postponement, the judge may order that party to pay some or all of the costs and fees of bringing witnesses to court.

The State also has a deadline to share its evidence. At least five judicial days before the hearing, the prosecutor must provide the defense with the statements, reports of scientific tests or examinations, and documents or objects the State intends to use (NRS 171.1965). There are exceptions, such as internal prosecutor work product and privileged material.

What Happens at the Hearing, Step by Step

1. Appearances. Your attorney, the prosecutor, and you appear before a justice of the peace.
2. The prosecution calls witnesses. These commonly include the investigating officer and, depending on the charge, the alleged victim or other witnesses.
3. Your attorney cross-examines. Nevada law allows the defendant to cross-examine the witnesses against him or her.
4. The defense may present evidence. The law allows it, but defense teams often choose not to, since the goal at this stage is usually to test the State's case rather than preview the defense.
5. Both sides argue probable cause. The prosecutor says the evidence is enough; the defense explains where it falls short.
6. The judge rules. The case is either bound over to district court or the defendant is discharged.

One rule is worth knowing because it can shape who has to testify. Under NRS 171.196, hearsay consisting of the alleged victim's out-of-court statements can be used at a preliminary hearing only in a few categories of cases: certain felony sexual offenses against a child under 16, felony child abuse of a child under 16, and felony domestic violence that caused substantial bodily harm. In other cases, the State generally needs live testimony, which gives the defense a chance to cross-examine.

What the Defense Gets Out of a Preliminary Hearing

Because the standard is low, a hearing does not often end in dismissal. But a hearing that does not end the case can still change the case:

• Testimony under oath. Witnesses answer questions in court, and their testimony is recorded, which can be compared to anything they say later.
• A look at the State's case. Your attorney sees who the prosecution relies on, how those witnesses hold up under questioning, and where the gaps are.
• A chance to challenge probable cause. When the evidence is thin, the hearing is the opportunity to ask the court to dismiss or to reduce what is charged.
• Negotiating leverage. A prosecutor who knows the defense is ready to test the evidence may view the case differently.

Why Many Defendants Waive the Hearing, and When That Is a Mistake

If a defendant waives the hearing, the judge immediately holds the defendant to answer in district court (NRS 171.196). That sounds like giving something up, and sometimes it is. But waiver is also a common part of negotiations: a prosecutor may offer a reduced charge or better terms in exchange for skipping the hearing, and a defendant who accepts may avoid a longer, riskier path.

Do not waive the hearing without understanding what you are getting in return. A waiver can be the right move when the offer is strong, and the evidence against you is solid. It can be the wrong move when the State's witnesses are shaky, the offer isn't meaningfully better than what you would get later, or you haven't yet seen the evidence. That is a decision to make with your attorney after reviewing the discovery, not under pressure in a hallway.

What Happens After the Hearing

• Probable cause is found. The case is bound over to Clark County District Court, where you are arraigned on the charges and the case moves toward trial or resolution. Our overview of the Nevada criminal court process explains the stages that follow.
• Probable cause is not found. The charge is dismissed, and you are discharged, but a dismissal at this stage does not always end the matter. Depending on the circumstances, a prosecutor may be able to refile charges or seek an indictment.
• The case resolves. Many cases are negotiated around this stage, with a reduced charge or an agreement that avoids a hearing.

What Defendants and Families Should Do

• Arrive early, dress as you would for a job interview, and bring anything your attorney asked for.
• Do not discuss the case with witnesses, with the alleged victim, or on jail phone calls. Follow every release condition and no-contact order.
• Let your attorney do the talking. Your job is to listen and to stay composed.
• If a family member or friend might be a witness, tell your attorney before the hearing so they can advise on whether that person should attend.
• Do not decide whether to waive the hearing, or accept an offer, until you have reviewed the evidence with your lawyer.

Frequently Asked Questions

What is a preliminary hearing in Nevada?

It is a Justice Court hearing in felony and gross misdemeanor cases where a judge decides whether the State has shown probable cause that a crime was committed and that the defendant committed it. If so, the case is sent to district court.

Can charges be dismissed at a preliminary hearing?

Yes. If the judge finds no probable cause, the judge discharges the defendant. Because the standard is low, this is not the most common result, and a dismissal does not always prevent the State from refiling or seeking an indictment.

Do I have to testify at a preliminary hearing?

No. You have the right to remain silent, and testifying at this stage is uncommon. Any decision about presenting evidence should be made with your attorney.

How soon after arrest is the preliminary hearing?

If you do not waive it, the statute calls for a hearing within 15 days, unless the court extends the time for good cause. Defendants often agree to more time, so the actual date depends on your case.

What is the difference between a preliminary hearing and an arraignment?

An arraignment is where the charges are read, and you enter a plea. A preliminary hearing is an evidence hearing where witnesses testify, and the judge decides whether probable cause exists.

Is a grand jury the same as a preliminary hearing?

No. Both look at probable cause in a felony case, but a preliminary hearing is held in open court, and your attorney can cross-examine witnesses, while a grand jury hears from the prosecution and the defense generally does not question witnesses. If a grand jury indicts, there is no preliminary hearing.

Should I waive my preliminary hearing?

Not without understanding why. Waiver can be part of a favorable negotiated resolution, but it also means the case moves to district court right away. Review the evidence and the offer with your attorney first.

Talk to a Las Vegas Criminal Defense Lawyer Before Your Hearing

A preliminary hearing is one of the few moments in a felony case where the defense can question the State's witnesses before trial, and the decisions made around it can shape everything that follows. If you or someone you love has been charged with a felony or gross misdemeanor in Clark County, Gallo Criminal Defense Las Vegas offers a free and confidential consultation, and our criminal defense lawyer in Las Vegas can review the evidence and explain your options before you decide anything. Attorney James C. Gallo has more than 18 years of experience as a trial lawyer, and you can reach the office 24 hours a day, 7 days a week at 702-385-3131.

This article is for general informational purposes only and does not constitute legal advice. Nevada criminal law and federal constitutional law are complex and may change. Consult a licensed Nevada criminal defense attorney about your specific situation.