A Committal Hearing is a defendant’s chance to contest the charges and have a Judge decide if there is probable cause to send the charges to Superior Court and the District Attorney’s Office for continued prosecution. The Defendant can waive this hearing, in which case the charges are sent to the District Attorney for prosecution. If a defendant wants to enter a guilty plea or negotiate a faster resolution of pending charges, they must be sent to the District Attorney’s Office first, so waiving the hearing can provide for a quicker resolution. If a defendant wants this hearing, there is a chance the charges might be dismissed, although the State can present an indictment to the Grand Jury and re-arrest a defendant if the Grand Jury indicts the case even if it is dismissed at a committal.
