If you’re facing serious criminal charges in Seattle, you will need to attend a preliminary inquiry. A preliminary inquiry is a court hearing that determines whether prosecutors have enough evidence to move forward with the felony charges against you.  

Washington law requires preliminary inquiries for most felony cases unless you waive this right. The hearing occurs early in the criminal process and focuses on evidence, rather than guilt or innocence. 

This hearing is extremely important because the outcome determines whether charges proceed to trial or get dismissed entirely. 

Purpose of a Preliminary Inquiry

The preliminary inquiry in Seattle determines whether probable cause exists to believe you committed the charged crimes. Probable cause is a lower standard than the "beyond a reasonable doubt" standard used at trial. This means that the prosecution does not need to prove that you are guilty. They only need to show the courts that enough evidence exists to justify a trial.

Preliminary inquiries are important for several reasons:

1. This standard protects defendants from being tried on charges with insufficient evidence.

2. It prevents weak cases from proceeding through the court system, tying up valuable judicial resources. 

3. The hearing reveals strengths and weaknesses in their case. This information helps defense attorneys plan trial strategy.

4. The hearing also preserves witness testimony early in the case. If witnesses become unavailable later, their preliminary inquiry testimony can be used at trial.

Are Preliminary Inquiries Required?

Washington State requires preliminary inquiries for most felony charges. Common felony charges requiring preliminary inquiries include assault, robbery, burglary, drug trafficking, and vehicular homicide. The hearing must occur within a specific timeframe after arraignment.

Some felony cases skip preliminary inquiries if prosecutors obtain grand jury indictments. Grand juries serve the same screening function as preliminary inquiries.

Waiving the Right

Defendants can waive their right to a preliminary inquiry. This decision should be made carefully with attorney guidance, as waiving the hearing gives up important protections.

Reasons to waive might include plea negotiations or strategic considerations about revealing defense strategy too early. However, the hearing often provides valuable information about the prosecution's case.

Most Seattle criminal defense attorneys recommend proceeding with preliminary inquiries unless there are compelling reasons to waive this right.

What Happens During the Hearing

During the preliminary inquiry, prosecutors work to establish probable cause by calling key witnesses and introducing important physical evidence. They don't need to present their entire case at this stage, just enough evidence to meet the probable cause standard. Strategic prosecutors often save some evidence for trial to avoid revealing their full strategy to the defense too early.

Your Criminal Defense Attorney's Role

While criminal defense attorneys can cross-examine prosecution witnesses and challenge evidence presented, defendants rarely present their own witnesses or evidence during preliminary inquiries. Instead, defense cross-examination focuses on undermining probable cause rather than proving innocence. Your attorney will look for inconsistencies in witness testimony, gaps in the prosecution's evidence, or procedural problems that could weaken the case.

Defense attorneys can also argue that certain evidence shouldn't be allowed in court or that police violated your constitutional rights. These arguments can help your case down the road.

What the Judge Decides

The judge's primary job is determining whether prosecutors have established probable cause for the charges. When they find sufficient evidence, the case moves forward to superior court for trial or plea negotiations. If the judge finds the evidence insufficient, charges get dismissed, though prosecutors can refile if they obtain additional evidence later.

The preliminary inquiry can end in one of three ways, each with different implications for your case:

1. Most cases proceed to trial court. The probable cause standard is relatively low, so prosecutors usually have enough evidence to meet it. When cases move forward, they transfer to superior court, where the real work of trial preparation or plea negotiations begins. Even cases that proceed often reveal prosecution weaknesses that help defense attorneys plan their strategy.

2. Some charges get dismissed. When prosecutors fail to establish probable cause, the judge dismisses charges. While dismissals are less common, they happen when evidence is particularly weak or key witnesses fail to appear. Sometimes only certain charges get dismissed while others move forward, depending on the strength of evidence for each alleged crime.

3. Charges may be reduced. If the evidence supports lesser crimes but not the original charges, prosecutors might amend the charges to reflect what they can actually prove. This can result in shorter prison sentences and fewer long-term consequences.

How to Prepare for Your Preliminary Inquiry

Your Seattle criminal defense attorney will review prosecution evidence before the hearing and develop cross-examination strategies. They will also advise you about whether to testify or present evidence.

Most defendants do not testify at preliminary inquiries. The hearing focuses on prosecution evidence, and defense testimony might hurt your case later. Your attorney will explain what to expect during the hearing and how the outcome affects your case moving forward.

If you're facing serious criminal charges in Seattle, contact an experienced criminal defense attorney at Lewis & Laws to guide you through the preliminary inquiry process and protect your rights.