It depends on individual state law. Some states require preliminary hearings in most all cases. Other states require preliminary hearings in certain felony cases. For example, Colorado provides that all defendants charged with a class 1, 2, or 3 felony have a right to demand a preliminary hearing. In South Dakota, a defendant has a right to a preliminary hearing if charged with a felony or the most serious type of misdemeanor charge. The South Dakota law provides: No defendant is entitled to a preliminary hearing unless charged with an offense punishable as a felony or class 1 misdemeanor.

• What is a preliminary hearing?
• What is an information?
• Does a judge have to accept a plea bargain and give the defendant the sentence offered by the prosecution?
• Once a prosecutor offers a plea bargain can he or she renege on the deal?
• What are possible disadvantages of plea bargaining?
• What are the benefits of plea bargaining?
• What is the process of plea bargaining?
• What happens if the defendant pleads guilty?
• Does the defendant have to physically appear before a judge at the initial appearance and the arraignment?
• What else takes place at the arraignment?
• Can a person choose to waive or decline counsel and represent himself or herself?
• Why does a criminal defendant need an attorney?
• How do you qualify for a court-appointed attorney?
• Are all criminal defendants entitled to a court-appointed attorney?
• What is the right to counsel?
• Who was Gideon and who eventually was his appointed counsel?
• Who appoints an attorney for a criminal defendant?
• What is a bail bondsman?
• How does a court determine if bail is excessive?
• What factors do courts use to determine whether someone is entitled to bail and what amount?