What is the difference between a preliminary hearing and a trial in criminal defense law?
In California, a preliminary hearing and a trial are both parts of a criminal defense law case. However, there are some important differences between the two proceedings. A preliminary hearing is a hearing held by a judge, and usually, the purpose is to decide whether there is enough evidence for the case to go to trial. At the hearing, the prosecutor will present evidence including witness testimony, physical evidence, and other pieces of evidence to show that there is probable cause that the defendant has committed a crime. The defendant’s attorney will also present evidence and may try to dispute the prosecutor’s evidence. A trial is a formal courtroom proceeding. During a trial, the prosecutor’s evidence will be presented to a jury, and the defendant will get an opportunity to present evidence, call witnesses, and challenge the prosecutor’s case. At the end of the trial, the jury will decide if the defendant is guilty or not guilty of the crime. In conclusion, the difference between a preliminary hearing and a trial in criminal defense law is that the former is used to determine whether there is enough evidence to proceed to trial, while the latter is the formal courtroom trial before a jury where the defendant is judged guilty or not guilty.
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