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 different processes that are very important when it comes to upholding criminal defense law in Indiana. Each process has a different purpose and the outcome of each can be very different. A preliminary hearing is the initial step in a criminal court case and is held to determine if there is sufficient evidence to warrant a trial. During the hearing, the prosecution must prove “probable cause” that a crime was committed and that the accused is the one who committed it. This process does not require the defendant to enter a plea of guilt or innocence, and the case can still be dismissed, even if probable cause is found. A trial is the last step in the criminal process, and it is a fact-finding hearing in which guilt or innocence is determined. When a case goes to trial, both the prosecution and the defense present evidence and witnesses in order to prove or disprove the guilt of the accused. In Indiana, trials are presided over by a judge or a jury of 12 people, all of whom must reach a unanimous decision as to whether or not the accused is guilty of the crime they are accused of. If found guilty, the accused will face conviction and the punishments associated with their crime. In conclusion, the difference between a preliminary hearing and a trial in criminal defense law in Indiana is that a preliminary hearing is an initial step to determine if sufficient evidence to warrant a trial exists, while a trial is the last step in which guilt or innocence is determined.

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

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