Within some criminal justice systems, a
preliminary hearing (evidentiary
hearing) is a proceeding, after a criminal complaint has been filed by
the prosecutor, to determine whether there is enough evidence to
require a trial. In the United States, the judge must find there is
probable cause
that a crime was committed.
At such a hearing, the defendant may be assisted by counsel; in many jurisdictions, there is a right to counsel at the preliminary hearing.[1] Contrast this with some jurisdictions in the United States, where a person may be charged, instead, by seeking a "true bill of indictment" before a grand jury; where counsel is not always permitted.
The conduct of the preliminary hearing as well as the specific rules regarding the admissibility of evidence vary from jurisdiction to jurisdiction. Hearsay is typically allowed. Should the court decide that there is probable cause, a formal charging instrument (called the Information in some jurisdictions) will issue; and the prosecution will continue. If the court should find that there is no probable cause, then typically the prosecution will cease. Many jurisdictions, however, allow the prosecution to seek a new preliminary hearing, or even seek a bill of indictment from a grand jury.
Some important questions, generally addressed in such a hearing, are:
If a judge determines that there is sufficient evidence to believe that the defendant committed the crime, it is said that the defendant is "held to answer" or "bound over" (in U.S. jurisdictions).
After a defendant is held to answer, the judge will set a date for arraignment. A new pleading is filed with the court (sometimes called an "information") and the defendant can enter a plea at his or her arraignment date. The defendant is usually given the date that he will officially stand trial at this arraignment.
|
|||||||||||||||||
|
|
Wikis
Quiz
Search