The Availability of a First Appearance and Preliminary Hearing - Now You See Them, Now You Don't

Authors

• Linda A. Malone, University of Arkansas School of Law

Keywords

Preliminary hearings, Criminal procedure, Probable cause, Arkansas prosecutions, Defendant rights

Abstract

This article examines the diminished role of preliminary hearings and first appearances in Arkansas criminal prosecutions initiated by information rather than indictment. The author evaluates constitutional, statutory, and procedural safeguards intended to ensure probable cause determinations. Arguing that these protections are often illusory in practice, the article warns defense counsel of potential abuses at early stages of prosecution. The article concludes that heightened vigilance is required to protect defendants’ rights in the absence of meaningful preliminary review.

Recommended Citation

Linda A. Malone , The Availability of a First Appearance and Preliminary Hearing - Now You See Them, Now You Don't, 1983 Ark. L. Notes