A hearing held before the Justice of the Peace or other magistrate to determine whether there is sufficient evidence for a case to be bound over to a higher court for trial or other proceeding. The test at the preliminary hearing is not guilt beyond a reasonable doubt, but rather whether is evidence to indicate that a crime was committed and that the defendant committed it. Based on that, the court may bind the case over.
The administrative hearing process by which probable cause is determined whether or not the juvenile violated conditions of probation. This hearing is conducted by the Regional Correctional Administrator or his/her designee in accordance with statutory provisions.
A probable cause hearing in Circuit Court which screens felony criminal cases by deciding whether there is enough evidence to warrant a trial in the District Court. If the judge determines there is sufficient evidence, the defendant is "bound over" for trial. The defendant may waive this hearing.
The hearing given a person charged with a crime to determine whether he or she should be held for trial.
the hearing by a judge, held in felony cases, to determine whether there is probable cause to hold a person charged with a crime for trial.
a critical stage of the criminal proceeding
a hearing in which a judge decides if the prosecution has enough evidence to force the defendant to stand trial
a hearing that is required on felony cases that are not taken through the Grand Jury
a less searching exploration into the merits of a case than that of a trial
a mini-trial in which the Prosecution must convince the Judge or Magistrate that sufficient evidence exists to "hold a person to answer" for a felony offense
an alternative to a grand jury indictment
an examination of the charge against the accused
a proceeding held in the District Court to determine if probable cause exists to charge you with a crime
a proceeding that determines whether there is probable cause that a crime has been committed and that the defendant committed the crime
a public, adversarial proceeding in which the prosecution and the defense briefly present their cases to a judge
Synonymous with "preliminary examination"; the hearing given a person charged with a crime by a judge to determine whether he should be held for trial. The judge reviews the evidence presented by the State to see if there is sufficient evidence (probable cause) to make the person to go to trial on the matter. A preliminary hearing is open to the public unless the defendant requests that it be closed. The accused person must be present at this.
a legal proceeding before a judicial officer in which arguments, witnesses, and/or evidence are presented to determine if there is sufficient cause to hold the accused for trial. Sometimes called a probable cause hearing or a pretrial hearing.
A hearing before a justice to determine whether there is sufficient evidence to commit an accused for trial, held in accordance with the procedure set out in Part XV of the Criminal Code.
A hearing before the court to determine if probable cause exists. The court must decide whether a crime has been committed; whether the crime occurred within the jurisdiction of the court; and whether there are reasonable grounds to believe that the defendant committed the crime.
In felony cases, an evidentiary hearing at which the state must prove to the judge that there is enough evidence to believe the defendant committed a felony.
a hearing to determine if an individual charged with a felony should be tried for the felony. This determination is based on whether there is sufficient evidence that this person committed the crime. The preliminary hearing is held at the lowest level court
A procedure in district court to determine whether probable cause exists to certify a felony charge to a grand jury to be considered for indictment.
A hearing held in the circuit court, unless waived by the defendant, to determine whether there is probable cause to believe the defendant committed an offense(s). Available when the offense(s) charged is not within the exclusive jurisdiction of the circuit court.
a hearing before the judge to determine whether or not there is enough evidence to proceed with the case. This hearing does not decide the guilt or innocence of the defendant, it merely shows if there is enough evidence to show that crime was committed, and the defendant could have committed it.
The bringing of a juvenile before a magistrate or judge in which charges are formally presented. Similar to an arraignment in adult court, and also called "advisory hearings" or "initial appearances" in some state juvenile justice systems.
A proceeding in which the judge determines to whether there is probable cause to believe that the defendant committed the crime.
Synonymous with "preliminary examination"; the hearing given a person charged with a crime by a magistrate or judge to determine whether he should be held for trial. Since the Constitution states that a person cannot be accused in secret, a preliminary hearing is open to the public unless the defendant requests that it be closed. The accused person must be present at this hearing and must be accompanied by his attorney.
the youth is brought before the judge to enter a plea.
A court hearing where the defendant is informed of the charges against him/her.
Another term for arraignment.
Also, preliminary examination. A hearing by a judge to determine whether a person charged with a crime should be held for trial. (See arraignment.)
Hearing at which judge determines whether evidence is sufficient against a person charged with a crime to warrant holding him/her for trial. Compare arraignment and initial appearance.
A court proceeding, which determines if the criminal defendant should be held for trial. In Pima County, preliminary hearings usually take place in justice (JP) court.
A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
The first time a small claim is heard in court.
A hearing with a judge to determine whether there is probable cause (enough evidence) to bring those persons to trial on felony charges.
A hearing, usually in general sessions court, to determine if there is areason to believe that a crime has been committed and that the defendant committed it. If so, the case will be "bound over" to the grand jury. Victim's appearance required only if subpoenaed or requested.
A hearing to clarify matters in dispute, to agree evidence, and to give directions as to the timetable of the case and the disclosure of evidence.
A pretrial hearing conducted by a judge to determine if an individual should be held to answer for criminal charges.
A hearing upon a felony complaint.
Court proceeding that determines if the criminal defendant should be held for trial. In Maricopa County, preliminary hearings usually take place in justice (JP) court in the precinct where the crime occurred.
a court hearing in a Justice Court or Preliminary Proceeding Court in which probable cause is determined.
held by a judge to determine if there is enough evidence to force a person to stand trial for criminal charges
When a juvenile appears before a judge or magistrate where criminal charges are formally presented. This process is similar to an arraignment in adult court.
Legal proceeding used in some states in which a prosecutor presents evidence to a judge in an attempt to show that there is probable cause that a person committed a crime. If the judge is convinced probable cause exists to charge the person, then the prosecution proceeds to the next phase. If not, the charges are dropped.
A hearing to determine if there is enough evidence to hold the accused for a grand jury hearing.
Criminal hearing at which a judge determines whether sufficient evidence exists to warrant trying an individual charged with a crime.
Court proceeding used to determine whether there is enough evidence against a person charged with a felony to proceed to trial.
In criminal proceedings, a preliminary hearing is held in the District Court if the matter is not to be decided in that Court or if the defendant elects a jury trial. If the preliminary trial finds sufficient evidence, the defendant is committed to the High Court for trial or, if they plead guilty, for sentencing.
When a defendant has been charged with a purely indictable offence or elects trial by jury, a preliminary hearing will be held. At this hearing, the Judge or JPs decide whether the prosecution has enough evidence to take the case to trial. The charge is read, then the informant calls witnesses and asks them questions. The defendant can ask them more questions ( cross-examine them), and the informant can re-examine them. Each witness's evidence is written down and read back to the witness while the defendant is there. The witness and the Judge, or JPs, sign the copy of the evidence.
A hearing conducted to determine whether or not probable cause for the arrest of a person exists, and to determine whether there is sufficient evidence to warrant the defendant's detention.
A court hearing that occurs in the initial stages of a criminal prosecution. In Iowa, the preliminary hearing takes place soon after an arrest and initial appearance. A defendant is entitled to a preliminary hearing unless the defendant has been indicted by a grand jury or a trial information, or has waived the hearing. The purpose of the preliminary hearing is to determine if there is probable cause to believe the defendant committed a crime.
Within some criminal justice systems, a preliminary hearing (evidentiary hearing, often abbreviated verbally as a "prelim") is a proceeding, 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, indeed in many jurisdictions there is a right to counsel at the preliminary hearing. Contrast this with some jurisdictions in the United States, where a person may be charged, instead, by seeking a "true bill of indictment" before a grand jury; where counsel is not normally permitted.