What is the purpose of a preliminary hearing?
A preliminary hearing is a form of a court proceeding held in Montana to determine the validity of charges against a defendant. This hearing is conducted by a judge and involves both the prosecution and defense, allowing each side to present their initial arguments and evidence. The purpose of a preliminary hearing is to decide if there is enough evidence for the case to go to trial and, if necessary, to resolve any pre-trial issues that may arise. At a preliminary hearing, the prosecution has the burden of presenting enough evidence to show that the defendant probably committed the crime. This evidence must be more than just suspicion—it must be sufficient for a jury to make a decision. The judge will then decide if the defendant should stand trial or if the charges should be dismissed. If they decide to stand trial, the judge will then set a date for the formal trial and make any decisions on any pre-trial matters, such as defendant will appear in court when required.">bail or the release of the defendant. The purpose of a preliminary hearing is not to decide guilt or innocence, but rather to determine if the case should proceed to trial. It is a critical step in the criminal justice process, as it serves to protect the rights of the accused and preserve the integrity of the criminal justice system. Without the preliminary hearing, innocent people could be wrongly accused and their rights violated.
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