Preliminary Hearing In Criminal Cases

The preliminary hearing provides a check against unwarranted prosecutions. Neubauer & Fradella (2014) teach, “During a preliminary hearing, the prosecutor must prove to a judge that a crime was committed and that there is probable cause to believe the defendant committed the crime. Given the low burden of proof, most of the time a judge finds that probable cause is present and orders the defendant held for further proceedings. There are very few cases dismissed at the preliminary hearing for lack of probable cause.” (p. 13).
During the preliminary hearing, the prosecutor presents only the amount of evidence necessary to demonstrate probable guilt. If the presiding judge determines that there is probable cause, the case will proceed to the next phase. While in some states, this next phase may be a grand jury hearing, and in others it may be the trial. Holloway (2014) enlightens, if the …show more content…
In addition, there are approximately 350 municipal courts operating locally. There are two appellate-level courts: the Supreme Court and Court of Appeals. Judicial Council of Georgia (2015) educates, in criminal matters magistrates hold preliminary hearings, state courts conduct preliminary hearings in criminal cases, and municipal courts handle preliminary hearings.
American Bar Association. (n.d.) shares, a prosecutor ordinarily relies on police and other investigative agencies for investigation of alleged criminal acts, but the prosecutor has an affirmative responsibility to investigate suspected illegal activity when it is not adequately dealt with by other agencies. A prosecutor should not discourage or obstruct communication between prospective witnesses and defense counsel. A prosecutor should not advise any person or cause any person to be advised to decline to give to the defense information which such person has the right to give (std.