Preliminary Hearings

Recorder’s Court hears initial appearance hearings and preliminary hearings to determine if probable cause exists in felony and misdemeanor cases for those individuals who have been arrested and are being held in the Muscogee County Jail. If probable cause is found, we set bail or bond for those defendants.

Initial Appearance and Probable Cause Hearing Explained

As soon as is reasonably practicable following any arrest, unless the accused has made bond in the meantime, the accused is presented before a Recorder’s Court Judge for first appearance. At the first appearance, the Judge:
  • Informs the accused of the charges.
  • Informs the accused of the right to remain silent, that any statement made may be used against him, and that he has the right to the presence and advice of an attorney, either retained or appointed.
  • Determines whether the accused desires to hire his own attorney or needs an appointed attorney.
  • Informs the accused of his or her right to a later pre-indictment Preliminary or Probable Cause hearing (also known as a Commitment Hearing), unless the first appearance covers the commitment hearing issues, and informs the accused that giving a bond shall be a waiver of the right to a commitment hearing.
  • In the case of warrantless arrest, makes a fair and reliable determination of the probable cause for the arrest unless a warrant has been issued before the first appearance.
  • Informs the accused of the right to grand jury indictment in felony cases and the right to trial by jury, and when the next grand jury will convene.
  • Informs the accused that if he or she desires to waive these rights and plead guilty, then the accused shall so notify the judge or the law officer having custody, who shall in turn notify the judge.
  • Set the amount of bail if the offense is not one bailable only by a superior court judge, or so inform the accused if it is

Preliminary or Probable Cause Hearing (also referred to as the Commitment Hearing)

At the Preliminary Hearing, the Recorder’s Court Judge:
  • Informs the accused of the purpose of the probable cause hearing.
  • Informs the accused of the accused’s rights.
  • Determines whether the accused intends to plead guilty, nolo contendere or not guilty, or waives the commitment hearing.
  • If the accused intends to plead guilty or waives the hearing, the court binds the entire case over to the court having jurisdiction of the most serious offense charged.
  • If the accused pleads not guilty, the court conducts the commitment evidentiary hearing unless, for good cause shown, the hearing is continued to a later scheduled date.
  • The judge binds the entire case over to the court having jurisdiction of the most serious offense for which probable cause has been shown by sufficient evidence and dismisses any charge for which probable cause has not been shown.
At the Preliminary Hearing, the following procedures are utilized:
  • The rules of evidence apply except that hearsay may be allowed.
  • The prosecuting entity has the burden of proving probable cause; and may be represented by a law enforcement officer, a district attorney, a solicitor.
  • The accused may be represented by an attorney or may appear pro se; and,
  • The accused is permitted to introduce evidence.