Preliminary Hearing

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A preliminary hearing is a criminal probable cause hearing conducted by a judge or magistrate rather than a grand jury

A preliminary hearing does not determine the guilt of the accused. The sole issue to be resolved by the judge is whether the prosecutor can put on enough evidence to indict the defendant, which is probable cause to believe the defendant had committed a crime and that the matter should be bound over for felony trial.

The burden of proof at a preliminary hearing focuses more on whether there is some rational connection between the alleged crime and the criminal defendant.

It is very typical for the investigative police officer to testify about the investigation of the defendant.

A judge rather than a grand jury is used in a preliminary hearing. In some states like California, the defense is allowed to ask the police officer questions, but rarely does it ever change the outcome.

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