Preliminary hearing
A criminal procedure that is adversarial. It is conducted (often by a magistrate) to determine if the prosecution has enough evidence to continue the prosecution. Witnesses present evidence for the prosecution and the defendant may also present witnesses. Both sides are allowed to question, or cross-examine, the witnesses of the opposing side. The court may dismiss the charges after the hearing if not supported by probable cause.
Definition from Nolo’s Plain-English Law Dictionary
In criminal law, a hearing to determine if a person charged with a felony (a serious crime punishable by a term in the state prison) should be tried for the crime charged. To bind the defendant over for trial, the judge must decide that there is substantial evidence that the defendant committed the offense.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:22 pm
