What is the purpose of a preliminary hearing?

A preliminary hearing is an important component of the criminal process in Virginia. Its purpose is to determine whether there is enough evidence to move forward with a criminal prosecution. This hearing is held in front of a judge and is presided over by a prosecutor. In Virginia, a preliminary hearing is triggered when a person is detained by law enforcement and formally charged with a crime. Once the individual is formally charged, a preliminary hearing is usually scheduled for a few weeks after the formal charges are filed. At the preliminary hearing, the judge will consider the evidence presented by the prosecution and defense. The prosecution must prove that there is enough evidence to warrant a criminal trial. If the judge finds that the prosecution has met its burden, the judge will then order the case to move forward to a trial or a grand jury. At the hearing, the defendant also has the opportunity to question witnesses, present witnesses and evidence, and to enter a plea. A plea of not guilty should be entered if the defendant believes the evidence is not sufficient to support the charges. In summary, a preliminary hearing in Virginia is an important step in the criminal justice process. It is an opportunity for the defense and prosecution to present evidence to the court and a chance for the defendant to enter a plea. Ultimately, the judge will determine whether there is adequate evidence to continue pursuing criminal charges.

Related FAQs

What are the rights of victims in criminal cases?
What is the process of police investigations in criminal cases?
What are the differences between direct and circumstantial evidence in criminal trials?
What is the difference between a bench trial and a jury trial?
What is the purpose of the Miranda warnings in criminal cases?
What is criminal procedure?
What is the purpose of a criminal defense lawyer?
What is the process of a criminal appeals court?
What are the constitutional rights of an accused person?
What are the rules on evidence-gathering in criminal cases?

What is the purpose of a preliminary hearing?

Related FAQs

Related Blog Posts