What is the purpose of a preliminary hearing?
The purpose of a preliminary hearing in Indiana is to determine whether there is probable cause to bind the defendant over for a trial. During the hearing, the prosecutor must present evidence showing that there is sufficient cause to believe that the defendant committed the crime with which they are charged. If the court finds that there is enough evidence, the defendant must then be held over for a trial. At the preliminary hearing, both the defense attorney and the prosecutor are given the opportunity to present their evidence and cross-examine witnesses. The judge will then decide if there is sufficient evidence to proceed to trial. The defense attorney may also request certain motions and rulings from the judge. In addition to the determination of probable cause, the preliminary hearing also gives the prosecutor an opportunity to assess the merits of the case against the defendant. The prosecutor may use the hearing to decide if additional charges should be filed, or if there is enough evidence to proceed with the original charges. The purpose of the preliminary hearing is to ensure that defendants are not wrongfully charged or unjustly held over for trial. It also helps to preserve the integrity of the criminal justice system by protecting the rights of the accused. Ultimately, the purpose of the preliminary hearing is to ensure that both parties have an adequate opportunity to present their case before a trial is set.
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