Coleman v. Alabama (1970) holds that the preliminary hearing prior to indictment is a critical stage of a prosecution; the State is required to ensure that an arrestee has counsel at such a hearing. The petitioners' convictions were vacated and remanded to the State courts for such proceedings not inconsistent with the Court's opinion to determine whether such denial of counsel was harmless error. Gerstein v. Pugh (1975) determined whether a person arrested and held for trial under a prosecutor's information is constitutionally entitled to a judicial determination of probable cause for pretrial restraint of liberty. The Supreme Court agrees with the court of appeals that the fourth amendment requires a timely judicial determination of probable cause as a prerequisite to detention. In this connection, the court of appeals ordered that an adversarial preliminary hearing be held to determine probable cause for detention. The Supreme Court ruled in Gerstein v. Pugh that such a formal hearing is not required by the U.S. Constitution. Dissenting opinions are included. 27 footnotes.