88. preliminary hearing

What is a Preliminary Hearing?

A preliminary hearing is a court proceeding in a criminal case where a judge determines whether there is enough evidence for the case to proceed to trial. It serves as a screening process to prevent weak or baseless cases from moving forward.

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Key Features of a Preliminary Hearing

✔ Purpose: To establish probable cause—whether enough evidence exists to charge the defendant formally. ✔ Judge’s Role: The judge does not decide guilt or innocence but only whether the case should proceed. ✔ Evidence & Witnesses: The prosecution presents evidence and witnesses, while the defense can cross-examine. ✔ Outcome: If the judge finds probable cause, the case moves to trial; otherwise, the charges may be dismissed.

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Examples of Preliminary Hearings in Action

• In a felony case, the prosecution presents key evidence before trial to prove the crime occurred and the defendant was involved.

• A defense attorney may challenge weak evidence to seek dismissal of the charges before trial.

• High-profile criminal cases often involve preliminary hearings to determine whether sufficient evidence exists for prosecution.

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5 Reference Pages for Preliminary Hearing with URLs

1. Legal Information Institute – Preliminary Hearing

   • URL: https://www.law.cornell.edu/wex/preliminary_hearing

   • Explanation: Defines preliminary hearings and their role in the criminal justice process.

2. FindLaw – What Happens at a Preliminary Hearing?

   • URL: https://www.findlaw.com/criminal/criminal-procedure/preliminary-hearings.html

   • Explanation: Explains the purpose, process, and outcomes of a preliminary hearing.

3. Justia – Preliminary Hearings in Criminal Cases

   • URL: https://www.justia.com/criminal/procedure/preliminary-hearing/

   • Explanation: Covers the legal standards, witness testimony, and potential defenses during a preliminary hearing.

4. United States Courts – Criminal Case Procedures

   • URL: https://www.uscourts.gov/about-federal-courts/types-cases/criminal-cases

   • Explanation: Outlines the stages of a criminal case, including preliminary hearings.

5. Wikipedia – Preliminary Hearing

   • URL: https://en.wikipedia.org/wiki/Preliminary_hearing

   • Explanation: Provides an overview of preliminary hearings, including their function in different legal systems.

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These references offer detailed insights into preliminary hearings, their purpose, and how they impact criminal cases. 🚀