What is the difference between a preliminary hearing and a trial in criminal defense law?

A preliminary hearing and a trial in criminal defense law are two very different processes. A preliminary hearing is conducted after an arrest. It is a hearing during which a judge determines whether there is probable cause to believe that a crime has been committed and that the defendant may have been involved. The prosecution presents evidence at the hearing to demonstrate that there is probable cause. If the judge finds that there is sufficient evidence, then the defendant must stand trial. A trial is a formal court proceeding in which evidence related to the crime is presented to a jury. At a trial, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime. The defense has the opportunity to cross examine witnesses, call witnesses of its own, and present evidence to establish the defendant’s innocence. At the conclusion of the trial, the jury will either find the defendant guilty or not guilty. In Delaware, criminal defendants have the right to a preliminary hearing to determine whether there is sufficient evidence to move ahead with a trial. If the judge finds that there is enough evidence, the defendant will then be given the opportunity to challenge that evidence in a trial.

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What is the difference between a preliminary hearing and a trial in criminal defense law?

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