Preliminary Guilts In Court Cases

287 Words 2 Pages
Preliminary hearings are conducted after an individual has been arraigned in the court. It is a process where the judge determines whether there is enough evidence for the case to be presented. Using a legal standard known as probable cause, the judge determines whether the government has provided substantial evidence that can reasonably convince a jury of the fact that the defendant has committed the crimes in question (Montemayor, 2014). A suspect is entitled to a preliminary hearing to ensure that he or she is protected from irrational arrest and detention. Therefore, substantial evidence must be provided to hold the defendant for trial. If in any case there is insufficient evidence, the judge is supposed to dismiss the charges. Preliminary hearings may be in the form of initial appearance where the defendant is informed of the charges against them. The defendant is also advised on the right to be silent since any statement that he may make might be utilized against him in the court. It may also be essential for the defendant to seek for a bail (Montemayor, 2014). …show more content…
Witnesses are also called to testify and are allowed to bring with them any physical evidence that they have with an aim to convince the judge that the defendant must stand the trial. A cross-examination of the government’s witnesses is conducted and enquires if there might be any other reasonable evidence that could be used against the defendant (Xiaowei, 2015). These are aimed at convincing the judge that the evidence that is provided might not be strong enough to withstand in a

Related Documents