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The primary purpose of the preliminary hearing s to hear the formal information or indictment and to allow the defendant to enter a plea?
The primary purpose of a preliminary hearing is to determine whether there is enough evidence to proceed with a trial, rather than to hear formal information or an indictment. During this hearing, the judge assesses whether probable cause exists to believe that a crime was committed and that the defendant committed it. It is also an opportunity for the defense to challenge the prosecution's evidence. The defendant typically enters a plea during arraignment, which occurs after the preliminary hearing.
What else can I help you with?
If a defendant is arrested in a jurisdiction that doesn't require a grand jury indictment a court will then conduct a what?
A 'preliminary hearing.' aka. a probable cause hearing.
Can a defendant have a copy of his preliminary hearing transcripts?
Yes, a defendant can get a copy of his preliminary hearing transcripts.
What is the difference between information and a bill of indictment?
An information is where the district attorney or prosecutor charges a defendant of some crime or crimes, whereas an indictment is where the a defendant is charged after a grand jury has heard the evidence. The evidence usually meets a certain standard such as legally sufficient standard or probable cause.
Who has the power to waive a preliminary hearing?
The defendant.
Is The purpose of a preliminary hearing is to determine the guilt of a defendant?
No.
What does supervening indictment means?
It is an indictment issued by a Grand Jury after the defendant has already had an initial appearance in his case, and the case has been set for a preliminary hearing before court. However, in the meantime the State has indicted the defendant by grand jury proceedings. This 'supervening' action by the Grand Jury indicts the defendant and has the effect of rendering all previous court actions in the defendant's case null and void.
Can a preliminary hearing be held without the defendant?
Yes. Grand Jury.
Can you withdraw a preliminary hearing waiver?
Once a judge rule to hear a motion at the preliminary hearing stage, can the states attorney acquire an indictment before the judge rule on the motion that was set for a hearing date?
The preliminary hearing is used to decide all but which one what?
whether the defendant is guilty
What does HTS waived for preliminary hearing mean?
HTS waived for preliminary hearing means the defendants forgoes his rights to this hearing. The defendant just wishes to proceed to the next step of the judicial process.
List the steps of criminal procedure from arrest to conviction?
arrest - preliminary hearing - indictment - pre-trial hearing(s) - trial - sentencing.
Is it proper for a prosecutor to bypass and cut off the preliminary hearings by securing an intervening indictment?
There is nothing necessarily proper or improper about it. The prosecutor at least in CA has an absolute right to have either a preliminary hearing or a get a grand jury indictment.
