what is a preliminary hearing?

what is a preliminary hearing?

4 weeks ago 13
Nature

A preliminary hearing is a court proceeding held early in a criminal case after the defendant has pleaded not guilty. Its main purpose is to determine whether there is enough evidence, or probable cause, to believe that a crime was committed and that the defendant committed it, thus justifying a trial

. Key features of a preliminary hearing include:

  • It is like a "mini-trial" where the prosecution presents evidence and calls witnesses, and the defense can cross-examine those witnesses
  • The judge, rather than a jury, decides if there is sufficient evidence to proceed.
  • The standard of proof is lower than at trial; the prosecution must show probable cause, not proof beyond a reasonable doubt
  • If the judge finds probable cause, the case moves forward to trial. If not, the charges may be dismissed
  • The defendant has the right to counsel and can waive the hearing if they choose

Preliminary hearings are typically required in felony cases and must be held within a specific time frame after the initial court appearance, often within 14 to 21 days depending on whether the defendant is in custody

. In summary, a preliminary hearing serves as a check on the prosecution’s case to ensure there is enough evidence to justify continuing to trial, protecting defendants from unfounded charges moving forward

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