What is the purpose of a preliminary hearing?

A preliminary hearing is an important part of the criminal process in Kansas. It occurs when a person is formally charged with a crime and is the first time a defendant will appear before a judge. The purpose of a preliminary hearing is to determine if there is enough evidence against the defendant to hold him or her for trial. In order to hold the defendant for trial, the judge must believe that there is probable cause to believe that the defendant committed the crime. At the preliminary hearing, the prosecutors present the evidence against the defendant, including witness testimony, documents, and any physical evidence. The prosecutor must present enough evidence to convince the judge that probable cause exists. The defense attorney also has the opportunity to present any evidence they have to the judge that could prove the defendant’s innocence or otherwise weaken the prosecutor’s case. Once the judge has reviewed all the evidence, he or she will determine if there is enough evidence to send the case to trial. If the judge decides there is not enough evidence, the case is dismissed and the defendant is released. If the judge believes there is enough evidence, he or she may bind the case over to the grand jury or the state district court. The preliminary hearing is an important part of the criminal process in Kansas, and its purpose is to ensure that a person is only tried if there is enough evidence to do so.

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What is the purpose of a preliminary hearing?

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