Should you review your report prior to the prelim hearing?

• A. Yes, you should review your entire report before the hearing
• B. No, you should generally only review the criminal complaint unless requested by the prosecuting attorney
• C. Only if the suspect requests
• D. Review after the prelim hearing

Answer: (B)

Before a prelim hearing, focus on the criminal complaint because it lays out the charges and the facts the state is using to show probable cause. The prelim is meant to decide whether there is enough cause to proceed with the case, not to review every detail from the investigation. The complaint contains the essential allegations and any sworn statements that support those allegations, which is what the court relies on at this stage.

The full police report is an internal document with investigative notes, unverified statements, and information that may not be admissible or necessary for establishing probable cause. Relying on or disclosing that material at the prelim can be inappropriate or confusing, and it’s also better to avoid stepping beyond what the charging document already presents. So, the usual practice is to review only the criminal complaint unless the prosecuting attorney specifically asks you to look at additional materials or provides access to them under proper procedures.

If the prosecutor later directs you to review more documents or if discovery procedures require it, you would follow that instruction.