What is the purpose of a preliminary hearing?

A preliminary hearing in New York is a court hearing held shortly after an individual is accused of a crime. The purpose of the hearing is for the judge to decide if there is enough evidence (probable cause) to move forward with a trial. At the hearing, the prosecutor presents the evidence against the accused person, such as criminal records or witness statements. The defense attorney may also present evidence that shows the accused person may be innocent. After both sides have presented their evidence, the judge decides if there is enough evidence to charge the accused with a crime and to proceed with a trial. The accused person is not technically considered guilty at this stage. However, if the judge decides that there is enough evidence to move forward with a trial, the accused is assumed to be guilty until proven innocent in the trial. The hearing also serves as a way for the defense and prosecution to discuss a possible plea bargain or other agreement in order to avoid a lengthy trial. In summary, the purpose of a preliminary hearing is for a judge to decide if there is enough evidence to charge the accused with a crime and to proceed with a trial. The hearing also serves as a way for the defense and prosecution to discuss a possible plea bargain or other agreement.

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