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True or false the purpose of a preliminary hearing is to determine the guilt of a fefendent?
Wiki User
∙ 12y ago
False!!
Wiki User
∙ 12y ago
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Is The purpose of a preliminary hearing is to determine the guilt of a defendant?
No.
What is a preliminary hearing for?
In the context of criminal law, a preliminary hearing is used to determine whether probable cause exists to believe that the offense charged has been committed by the defendant. The hearing officer considers the evidence and reaches a decision on the issue of probable cause. Procedures vary by state, so local law should be consulted.
What purpose does a grand jury or preliminary hearing serve?
Depending on the state you are in (some use the Grand Jury System and others use the Preliminary Hearing system) it is the hearing at which the defendant is formally charged with the offense he was arrested for.
If you are out of jail on bond can you go to jail at the preliminary hearing?
Yes, it is possible to go back to jail after a preliminary hearing if the judge determines that there is enough evidence to proceed with a trial. The purpose of a preliminary hearing is to establish if there is probable cause to believe a crime was committed and that the accused is responsible. If the judge finds sufficient evidence, they may revoke the bond and order the accused to be taken into custody pending the trial.
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How long after a prelimenary hearing before you get indicted?
If the jurisdiction in question adheres to the Grand Jury system of indictment, the GJ will indict by handing down a "true bill" in the sequence in which it was presented to them. HOWEVER - if the jurisdictions NOT utilizing a Grand Jury system, your Preliminary Hearing IS your idndictiment and the presiding judge decides if there is enough Probable Cause to bind you over for trial.
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