A pre-trial hearing allows the prosecutor to present evidence justifying the defendant’s arrest. The prosecutor must prove that a crime occurred and that there is sufficient evidence to suggest the defendant committed it. Defendants have the right to a preliminary hearing, but this is waived if the prosecutor obtains a grand jury indictment. Hearsay evidence is admissible in a preliminary hearing, and if the prosecutor fails to establish probable cause, the charges must be dismissed. Double jeopardy does not apply if the prosecutor obtains more evidence or a grand jury indictment.
In court, an evidentiary or pre-trial hearing is a legal proceeding in which the prosecutor of a criminal case outlines the evidence justifying the arrest of the defendant. The purpose of the hearing is to prevent a long detention of a defendant if the charges are unfounded. In the preliminary hearing, the prosecutor must prove that a crime occurred within the jurisdiction of the court and that there is sufficient evidence to suggest to a reasonable person that the defendant committed the crime. The law authorizes any defendant charged with a felony or certain offenses to a preliminary hearing. Even when the defendant has gotten his bail, he should ask for a hearing to find out what evidence the prosecutor has against him.
While defendants have the right to pre-trial hearings, the privilege is waived if the prosecutor first obtains a grand jury indictment. Many prosecutors will strategically rush to get the case before a grand jury to avoid the preliminary hearing. In some cases, a prosecutor may even convene a grand jury before the arrest takes place. The avoidance of a preliminary hearing precludes the defendant from gathering evidence and building the defense case using the information presented by the prosecutor.
A grand jury is a group of impartial citizens larger than a standard jury that examines the prosecutor’s evidence to determine if there is enough evidence for a trial. Grand jury proceedings are confidential, conducted without the presence of the judge, defendant, and counsel. Members of a grand jury will introduce a “real bill” if the case has merit, or “no real bill” if they believe the prosecutor lacks the appropriate evidence to move the case forward. Grand jurors are drawn from the standard jury pool and serve for a specified term.
In a preliminary hearing, hearsay evidence is admissible. Hearsay is information presented by a witness who has not personally heard or seen the event he is testifying about. For example, an arresting officer may discuss what bank customers saw and experienced during a bank robbery, even if the officer was not present during the crime. Judges can only find probable cause for an arrest by using hearsay evidence.
If the prosecutor fails to establish probable cause in a pretrial hearing, the state must acquit the defendant from jail or the terms of his bail. The prosecutor must dismiss the charges. Double jeopardy, however, is not about chance. If the prosecutor gets more evidence or gets a grand jury indictment, the defendant can face the same charges again for the same crime.
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