Department of Prosecuting Attorney in the County of Maui Department of Prosecuting Attorney Preliminary Hearing In felony cases, your first appearance may be required for the preliminary hearing. Here, a judge of the District Court listens to the evidence of the crime and determines whether it is sufficient to require the defendant to go to trial in Circuit Court. The preliminary hearing is not a trial.
Court rules allow very little advance notice of a preliminary hearing.
Thus, it is important that we be able to quickly reach you by telephone at this stage of the case. Grand Jury Hearing You may also be summoned to appear for a Grand Jury hearing. Here, a group of 8 to 16 persons listen to evidence presented by the witnesses to determine if there are sufficient grounds to show that a crime was committed and that the defendant committed the crime. Oftentimes the Grand Jury hearings will take the place of the preliminary hearing. The defendant and defense attorney will not be present.