⚖️ Criminal Defense• Published: September 2, 2026

Felony Preliminary Hearings in California: PC 859b Timelines & Probable Cause

Legal Review: State Bar of California Defense Counsel Directorate • Southern California Trial Bar

The preliminary hearing is an essential screening mechanism in California felony cases where the prosecution must establish probable cause that a felony was committed.

1. Penal Code § 17(b) Motions to Reduce Felonies to Misdemeanors

⚖️ The 17(b) Wobbler Advantage

At the conclusion of a preliminary hearing, the magistrate possesses discretionary authority under PC § 17(b)(5) to reduce any "wobbler" felony to a misdemeanor, permanently eliminating state prison exposure and strike enhancements.

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Authored by Los Angeles Criminal Defense & DUI Trial Practice

Our trial team represents clients facing felony, misdemeanor, and DUI allegations throughout Los Angeles County and Southern California. We focus on constitutional suppression motions (PC 1538.5), DMV APS hearings, bail relief, and trial litigation.