What is the purpose of a preliminary hearing?

The purpose of a preliminary hearing in Delaware is to determine whether there is enough evidence against a defendant to proceed to trial. The hearing is conducted before a judge and is held in a court of law. At the hearing, the prosecution presents its evidence to the court, including witness testimony and other evidence. After the evidence is presented, the defense has the opportunity to ask questions of any witnesses. The court then examines the evidence to determine if the facts are sufficient to find reasonable cause that a crime was committed and that the defendant is the one responsible. If the court finds reasonable cause to believe the defendant is guilty, then the judge will bind the case over for trial. The defense may also request that evidence be dismissed or that a witness be removed from testifying. If, however, the court finds that the evidence is insufficient to bind the case over for trial, or if a witness is removed or evidence is dismissed, the case may be dismissed and the defendant released. In this situation, the preliminary hearing serves as a hurdle for the prosecution and helps ensure that a person is not convicted of a crime without enough evidence.

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What is the purpose of a preliminary hearing?

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