The Criminal Division of the DeKalb County Magistrate Court holds preliminary hearings every weekday at 9:00 am, 10:00 am, 1:00 pm, 2:00 pm, 3:00 pm, and 4:00 pm. The purpose of a preliminary hearing is to determine whether there is sufficient probable cause to believe the defendant committed the crime(s) alleged in the warrant(s) that have been issued against the defendant. Defendants are entitled to be represented by a private attorney of their own choosing or may be represented by an attorney from the Public Defender’s Office. During the hearing, the State will present witnesses and other evidence regarding the charges, and the defendant will have an opportunity to cross examine any witnesses and confront any evidence presented. Once all evidence is presented by all parties wishing to present evidence at this stage, the Judge will determine if sufficient probable cause exists for the charged offenses, or whether they should be changed or dismissed based on the evidence presented. If probable cause is found, the case is bound over to the trial court. The prosecuting attorney’s office will review the case to make a final formal charging decision. If the case is formally charged, the defendant will then get an arraignment date in that court, which will be the first opportunity to enter a formal plea in the case and resolve the case or request a trial date. The decision of the Magistrate Court in the preliminary hearing does not determine the guilt or innocence of the defendant.