Legal Definitions - Preliminary hearing

Preliminary hearing

A preliminary hearing is a legal process that determines if there is enough evidence to continue a criminal prosecution. It is an adversarial procedure, meaning both sides present their arguments and evidence. The hearing is usually conducted by a magistrate, who listens to the evidence presented by the prosecution and the defense. The court may dismiss the charges if there is not enough evidence to support them.

For example, if someone is accused of stealing a car, they may have a preliminary hearing to determine if there is enough evidence to charge them with the crime. The prosecution would present evidence, such as witness testimony or surveillance footage, to support their case. The defense may also present evidence, such as an alibi or character witnesses, to refute the prosecution's case.

Another example could be a preliminary hearing for a murder case. The prosecution would present evidence, such as DNA or forensic evidence, to support their case. The defense may present evidence, such as an alternative suspect or a lack of motive, to refute the prosecution's case.

These examples illustrate how a preliminary hearing is a process that allows both sides to present their evidence and arguments. The magistrate listens to both sides and determines if there is enough evidence to continue the prosecution.