Q: Is denying a preliminary hearing illegal if someone is charged with a felony, not been indicted yet, in Georgia?
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A: No, Georgia law does not consider a preliminary hearing to be a required step in a felony prosecution once an indictment is obtained.
A:
The purpose of a preliminary hearing, also known as a probable cause hearing, is to make sure that a person is not held in jail without some evidence to support the incarceration. So, if a person is out on bail and not in custody, there is no need for a probable cause hearing.
If the person is in custody, and the matter has not been formally accused/indicted, then the person generally would be entitled to a probable cause hearing.
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