| Preliminary Hearing |
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| CATEGORIES ABOUT PRELIMINARY HEARING | |
| criminal law | |
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Within some , where a person may be charged, instead, by seeking a "true bill of indictment" before a Grand Jury ; where counsel is not normally permitted. The conduct of the preliminary hearing as well as the specific rules regarding the admissibility of evidence vary from jurisdiction to jurisdiction. Should the court decide that there is probable cause, a formal charging instrument (called the Information) will issue; and the prosecution will continue. If the court should find that there is no probable cause, then typically the prosecution will cease. However, many jurisdictions allow the prosecution to seek a new preliminary hearing, or even seek a bill of indictment from a Grand Jury . Some important questions, generally addressed in such a hearing, are: #Did the alleged crime occur within the court's Jurisdiction ? #Is there Probable Cause , to believe that the Defendant committed the crime? If a judge determines that there is sufficient evidence to believe that the defendant committed the crime, it is said that the defendant is "held to answer." After a defendant is held to answer, the judge will set a date for arraignment. A new pleading is filed with the court (sometimes called an "information") and the defendant can enter a plea at his or her arraignment date. SEE ALSO |
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