ANSWERS: 1
  • Most people will never need a probable hearing; these are generally reserved for serious offenses. While they do not have much legal impact, they give the prosecution and defense valuable insight into the case.

    Identification

    A probable cause hearing exists so a judge can hear the facts of a criminal case to determine whether the case needs an actual trial. However, the judge does not determine guilt or innocence in this step.

    Features

    A probable cause hearing has many of the same features of the "real" trial, such as cross-examining witnesses and using pieces of evidence. The defendant's attorney must prove that the prosecution does not hold enough evidence to convict the defendant.

    Function

    The defendant in a probable cause hearing usually just uses it as an opportunity to size up the prosecution because most cases go to trial.

    Significance

    Not every state requires a probable cause hearing, or only one for felonious violations. Some use a grand jury indictment (a jury conducted solely to determine if the prosecution has probable cause for a trial).

    Prevention

    Frequently, the prosecution bargains with the defendant to get them to plead guilty for a lesser sentence before a probable cause hearing.

    Source:

    North Carolina Indigent Defense Services

    Preliminary Hearing

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