Preliminary hearing
Within some
criminal justice systemss, a
preliminary hearing (
evidentiary hearing) is a meeting, after a criminal
complaint has been filed by the prosecutor, to determine whether, and to what extent,
criminal charges and civil cause of actions will be heard (by a
court), what
evidence will be admitted, and what else must be done (before a case can proceed). At such a hearing, the
defendant may be assisted by
counsel. In the
US (and some other locations), a person may be charged, instead, by a
grand jury; where counsel is not permitted. Should court decide in the affirmative, a formal
indictment will be made; and a trial date set. If the defendant feels that evidence against them is "strong", then they may request a
plea bargain.
Some important questions, generally addressed in such a hearing, are:
- Did the alleged crime occur within the court's jurisdiction?
- Is there probable cause, to believe that the defendant committed the crime?
See also:
grand jury