After a preliminary hearing, what happens next depends on one thing: whether the judge found probable cause. If the judge did, the case is “bound over” and moves forward to formal charging, arraignment, and a long pre-trial stretch in the higher trial court. If the judge didn’t, the complaint is dismissed and you’re released, though that isn’t always the end of the matter. Either way, trial is not the likely destination. Researchers estimate that roughly 90 to 95 percent of criminal cases resolve through plea negotiations.1Bureau of Justice Assistance. Plea and Charge Bargaining Research Summary
Bound Over or Dismissed
The preliminary hearing judge isn’t deciding guilt. The only question is whether the prosecution’s evidence is strong enough to justify making you face formal charges in a higher court. If the answer is yes, the case is bound over and advances to the next stage.2Legal Information Institute. Federal Rules of Criminal Procedure Rule 5.1 – Preliminary Hearing
A dismissal doesn’t carry the same finality as an acquittal at trial. Double jeopardy protections generally don’t apply, so the prosecutor can refile the same charges if new or stronger evidence surfaces, as long as the statute of limitations hasn’t run.3United States Department of Justice. Preliminary Hearing A prosecutor can also skip the preliminary hearing route entirely and go directly to a grand jury to seek an indictment.
Formal Charges Get Filed
Once a case is bound over, the prosecution has to file a formal charging document before anything else can happen. The form it takes depends on the court.
In federal court, the Fifth Amendment requires felony charges to be brought by grand jury indictment.4Library of Congress. U.S. Constitution – Fifth Amendment A grand jury is a separate group of citizens who review the evidence in a closed proceeding and decide whether charges are warranted. The defense doesn’t participate. Federal prosecutors can only skip the grand jury and file a charging document called an “information” if you knowingly waive your right to indictment in open court, which commonly happens as part of a plea deal.5Justia. Federal Rules of Criminal Procedure Rule 7 – The Indictment and the Information
Most state courts work differently. After the preliminary hearing judge binds the case over, the prosecutor typically files an information listing the charges the judge found supported by probable cause. Many states don’t require grand jury indictments for non-capital felonies. Some use grand juries alongside or instead of preliminary hearings for the most serious offenses.
Arraignment in Trial Court
Your next court appearance is the arraignment. This hearing is the official start of the case in trial court. The judge reads the charges or confirms you understand them, and you enter a plea: not guilty, guilty, or no contest. A no-contest plea means you aren’t admitting guilt but you’re not fighting the charges either, and it carries the same criminal consequences as a guilty plea.
Nearly everyone pleads not guilty at arraignment. That isn’t a commitment to go to trial. It preserves your options while your attorney reviews evidence and explores whether a plea deal makes sense. The not-guilty plea also triggers scheduling for the rest of the case: motion deadlines, pre-trial conferences, and a trial date.
Federal law requires that trial begin within 70 days of the indictment or information being filed, or from your first appearance before a judge on those charges, whichever is later.6Office of the Law Revision Counsel. 18 U.S. Code 3161 – Time Limits and Exclusions Many types of delays don’t count toward that clock, including time spent on pre-trial motions and continuances that serve the interests of justice.7Constitution Annotated. Amdt6.2.1 Overview of Right to a Speedy Trial State speedy trial rules vary but follow the same basic principle.
Bail Conditions Carry Forward
If you were released on bail or other conditions before the preliminary hearing, those conditions usually continue. The court can modify them as the case progresses. After a judge finds probable cause, the prosecution may argue for stricter conditions or revocation, especially in serious cases.
When the court weighs release and conditions, it considers the nature of the charges, the weight of the evidence, your personal characteristics, and the danger your release might pose to others.8Office of the Law Revision Counsel. 18 USC 3142 – Release or Detention of a Defendant Pending Trial Conditions can range from check-ins with a pretrial services officer to electronic monitoring, travel restrictions, drug testing, or stay-away orders involving witnesses or alleged victims.
The Pre-Trial Stretch
After arraignment, the case enters a phase that can run weeks or months. This is where most of the real work happens. Both sides gather and exchange evidence, file motions, and negotiate over possible plea deals. The decisions here shape everything that follows, including whether a trial ever happens at all.
Discovery
Discovery is the exchange of evidence between the two sides. The prosecution must let you inspect documents and physical evidence it plans to use at trial, reports from scientific tests, and the substance of any statements you made to law enforcement.9Legal Information Institute. Federal Rules of Criminal Procedure Rule 16 – Discovery and Inspection A prosecutor who fails to turn over required material can face sanctions.10United States Department of Justice. Discovery
The prosecution also has a constitutional obligation to turn over evidence that could point to your innocence, reduce a potential sentence, or undermine the credibility of a prosecution witness. The Supreme Court established that rule in Brady v. Maryland, and a Brady violation can result in a conviction being overturned.11Justia. Brady v. Maryland
Discovery runs both ways. If you request evidence from the prosecution and it complies, you generally have a reciprocal obligation to share documents and other tangible evidence you plan to use at trial.9Legal Information Institute. Federal Rules of Criminal Procedure Rule 16 – Discovery and Inspection New evidence can surface at any time, and both sides have continuing obligations to disclose it.
Pre-Trial Motions
Motions are written requests asking the judge to decide legal issues before trial. These rulings can reshape the case, sometimes making it unwinnable for one side. Three come up most often.
A motion to suppress asks the court to exclude evidence obtained through an unconstitutional search, seizure, or interrogation. If police searched your home without a warrant or a valid exception, your attorney can argue that anything they found should be kept out. Winning a suppression motion can gut the prosecution’s case.
A motion to dismiss argues that the charges should be thrown out entirely, often because the evidence is legally insufficient even taken at face value, or because of a procedural defect like a speedy trial violation.
A motion for change of venue asks to move the trial if extensive media coverage or community hostility makes a fair trial in the current location unlikely.12Justia. Federal Rules of Criminal Procedure Rule 21 – Transfer for Trial
Judges typically hold hearings on contested motions, and the rulings often decide whether the case settles. A denied suppression motion frequently pushes a defendant toward accepting a plea.
Plea Negotiations
While discovery and motions are underway, plea negotiations are almost always running in parallel. In a plea bargain, you plead guilty, usually to a reduced charge or in exchange for a lighter sentencing recommendation, and the case resolves without trial.13United States Department of Justice. Plea Bargaining The prosecutor might drop some charges, lower the severity of the lead charge, or agree not to seek a sentencing enhancement.
No deal is final until you personally accept it in open court. Your attorney negotiates terms, but the decision to plead guilty is yours alone. The judge has the final say as well. Federal judges aren’t bound by the prosecutor’s sentencing recommendation and can impose any sentence within the legal range. If the judge rejects the proposed deal, you can withdraw your plea.
Pre-Trial Conferences
Courts schedule pre-trial conferences to manage the case. These bring the judge, prosecutor, and defense attorney together to discuss scheduling, outstanding discovery disputes, pending motions, and whether the case might settle.14Legal Information Institute. Federal Rules of Criminal Procedure Rule 17.1 – Pretrial Conference In less serious cases, a plea can sometimes be entered at a conference. In complex cases, these are mostly about logistics: confirming trial readiness, estimating trial length, and identifying witnesses.
One protection built into this process: anything you or your attorney say during a pre-trial conference cannot be used against you by the prosecution unless it was put in writing and signed by both you and your lawyer.14Legal Information Institute. Federal Rules of Criminal Procedure Rule 17.1 – Pretrial Conference
If the Case Goes to Trial
If plea negotiations fail and you keep your not-guilty plea, the case goes to trial. That involves jury selection, opening statements, the prosecution’s evidence and witnesses, the defense’s cross-examination and any evidence it chooses to present, closing arguments, and jury deliberation. The prosecution has to prove every element of every charge beyond a reasonable doubt. You are not required to testify or present evidence at all.
A jury verdict must be unanimous in federal court and in most states. If the jury can’t agree, the judge declares a mistrial, and the prosecution decides whether to retry the case. An acquittal ends the matter permanently, because the Double Jeopardy Clause blocks the government from trying you again for the same offense.
Sentencing After a Conviction
Sentencing follows a guilty verdict at trial or a guilty or no-contest plea. It isn’t immediate. Between conviction and the sentencing hearing, a probation officer conducts an extensive investigation to help the judge decide on an appropriate sentence.
That officer prepares a presentence investigation report. The officer interviews you about your background, including childhood, education, employment, finances, health, and substance use history, then verifies the information through contacts with family, employers, and others in your community.15United States Courts. Presentence Investigations The report also covers the offense itself, your criminal record, and interviews with law enforcement and victims.
In federal court, the report must calculate your offense level and criminal history category under the sentencing guidelines, identify the resulting range, and flag any basis for departing from it.16Legal Information Institute. Federal Rules of Criminal Procedure Rule 32 – Sentencing and Judgment You and your attorney receive the report at least 35 days before sentencing and have 14 days to file written objections to anything you believe is inaccurate. Getting this right matters, because judges rely heavily on the report.
At the hearing itself, the judge considers factors set by law: the nature of the offense, your personal history, the seriousness of the crime, the need to deter future criminal conduct, public safety, and the goal of providing you with rehabilitation opportunities like education, job training, or treatment.17Office of the Law Revision Counsel. 18 U.S. Code 3553 – Imposition of a Sentence The judge also weighs the need to avoid unwarranted disparities between your sentence and those given to similar defendants for similar crimes. Federal sentencing guidelines are advisory, not mandatory, and the final sentence can fall above or below the recommended range if the judge explains the reasoning.
Crime victims have a statutory right to be heard at sentencing. They can submit a written statement, deliver an oral statement at the hearing, or both.18GovInfo. 18 USC 3771 – Crime Victims Rights19Department of Justice. Victim Impact Statements These statements can carry real weight with judges.
Depending on the conviction, the sentence imposed may include prison time, probation, fines, restitution to the victim, community service, or some combination. Victims also have a right to full and timely restitution when the law provides for it. Once the sentence is imposed, you can appeal the conviction, the sentence, or both if there are legal grounds to do so.