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,
based on whether there is some substantial evidence that he/she committed the crime.
A preliminary hearing is held in the lowest local court (municipal or police court),
but only if the prosecutor has filed the charge without asking the Grand Jury for
an indictment for the alleged crime. Such a hearing must be held within a few days
after arraignment (presentation in court of the charges and the defendant's right
to plead guilty or not guilty). Since neither side wants to reveal its trial strategy,
the prosecution normally presents only enough evidence and testimony to show the
probability of guilt, and defendants often put on no evidence at all at the preliminary
hearing, unless there is a strong chance of getting the charges dismissed. If the
judge finds sufficient evidence to try the defendant, the case is sent to the appropriate
court (variously called superior, county, district, common pleas) for trial. If
there is no such convincing evidence, the judge will dismiss the charges. In the
"Perry Mason" television series, the courtroom scenes were almost always of preliminary
hearings.
See also arraignment charge Grand Jury information
law dictionary, legal
dictionary, online law dictionary, legal terms dictionary,
online legal dictionary, legal definition, legal
terms and definition, Best online Dictionary, Law
Dictionary Software, Download Law Dictionary, law
dictionary, legal dictionary, online law dictionary,
legal terms dictionary, online legal dictionary,
legal definition, legal terms and definition, Best
online Dictionary, Law Dictionary Software, Download
Law Dictionary
