WHAT IS THE PURPOSE OF A PRELIMINARY HEARING?
In State v. Stephens, 953 P.2d 1373 (Kan. 1998), the Kansas Supreme Court addressed the purpose of a preliminary hearing, providing a clear explanation of its role in criminal proceedings.
Purpose of a Preliminary Hearing:
The main goal of a preliminary hearing is to determine whether a felony has been committed and whether there is probable cause to believe that the defendant committed the offense. This hearing serves as a filter to ensure that the case is supported by enough evidence before proceeding to trial. Specifically, the magistrate at the hearing must decide two things:
Has a felony been committed? – The magistrate evaluates if there are sufficient facts to suggest that a crime of the felony grade has occurred.
Is there probable cause to believe the defendant committed the felony? – This requires the magistrate to assess whether, based on the available evidence, a reasonable person would believe the defendant likely committed the crime.
If both of these questions are answered in the affirmative, the defendant is bound over for arraignment—meaning the case moves forward to trial. If the evidence is found lacking, the case can be dismissed at this stage.
Case Details:
In State v. Stephens, the defendant, Stephens, sold a liquor store to the Smiths for $59,000. However, after the sale, the Smiths discovered that the gross receipts of the business were far lower than what Stephens had represented. The State charged Stephens with felony theft, alleging he defrauded the Smiths by misrepresenting the store’s value.
At the preliminary hearing, the district court dismissed the case, finding that there wasn’t enough evidence to prove the value of the theft exceeded $25,000, a requirement for felony theft. The court reasoned that, while there was misrepresentation, the Smiths still received some value for the purchase, and thus the "value element of the crime" was not met.
Kansas Supreme Court Decision:
The Kansas Supreme Court reversed the lower court’s dismissal, emphasizing that the value of what the Smiths received in return for their payment did not impact the determination of whether theft occurred. The focus was on the initial fraudulent act—when the Smiths were induced to hand over the cashier’s check based on Stephens' false representations. At that moment, the theft was complete, regardless of the actual value of what the Smiths received later.
The Court found that the State had presented sufficient evidence to establish probable cause for the charge of felony theft. As a result, the case was remanded with instructions to reinstate the complaint, allowing it to proceed to trial.
Conclusion:
The purpose of a preliminary hearing is to ensure that the evidence presented meets the threshold of probable cause to justify moving forward with criminal charges. In State v. Stephens, the court underscored that even if the evidence at a preliminary hearing is contested, the magistrate's role is to determine whether there is reasonable suspicion supported by facts, not to assess the final sufficiency for conviction. This ruling reaffirmed the preliminary hearing's limited but crucial role in the judicial process, ensuring cases move forward only when backed by adequate initial evidence.