A preliminary hearing (often called a 'prelim') is an early-stage hearing in a felony case. The state must present enough evidence to convince a judge that there's probable cause to believe a felony was committed and the defendant committed it. If the state meets that burden, the case proceeds. If not, the case is dismissed or sent back for further investigation.
In Missouri, a preliminary hearing typically happens within 30 days of the first court appearance for in-custody defendants, 60 days for out-of-custody. The defense can cross-examine witnesses and challenge the state's evidence. Some defendants waive the preliminary hearing to negotiate or avoid revealing defense theories.
In Illinois, similar procedures apply with somewhat different timing. Felony cases either go through a preliminary hearing or a grand jury indictment.
The preliminary hearing is one of the most underutilized stages in criminal defense. It's an opportunity to lock in witness testimony, identify weaknesses in the state's case, and sometimes secure dismissal entirely.