Generally, a preliminary hearing is a hearing at which the judge decides whether there is sufficient evidence to make you stand trial on the charges that have been filed against you. The judge’s decision at a preliminary hearing is the equivalent of the decision that a grand jury would make in deciding whether to return an indictment against you. The prosecution must establish “probable cause” of two things: that a crime was committed and that you committed it. “Probable cause” is a low standard of proof. Think of it like “reason to believe.” It doesn’t rise anywhere near the level of “proof beyond a reasonable doubt” or even “preponderance of the evidence,” which is the standard used in civil cases. The rules of evidence are relaxed at preliminary hearings. Hearsay is allowed. Evidence comes in without consideration of whether it was legally collected. Preliminary hearings are used in cases in which the prosecutor has filed the charges without going through the grand jury. If the gran
Generally, a preliminary hearing is a hearing at which the judge decides whether there is sufficient evidence to make you stand trial on the charges that have been filed against you. The judge’s decision at a preliminary hearing is the equivalent of the decision that a grand jury would make in deciding whether to return an indictment against you. The prosecution must establish “probable cause” of two things: that a crime was committed and that you committed it. “Probable cause” is a low standard of proof. Think of it like “reason to believe.” It doesn’t rise anywhere near the level of “proof beyond a reasonable doubt” or even “preponderance of the evidence,” which is the standard used in civil cases. The rules of evidence are relaxed at preliminary hearings. Hearsay is allowed. Evidence comes in without consideration of whether it was legally collected. Preliminary hearings are used in cases in which the prosecutor has filed the charges without going through the grand jury. If the gran