What is the difference between a preliminary hearing and a trial in criminal defense law?
In North Carolina criminal defense law, a preliminary hearing and a trial are two different steps in the criminal case process. A preliminary hearing is a court hearing where a prosecutor presents evidence to prove that a defendant has likely committed a crime. At this hearing, the judge decides whether there is enough evidence to move forward with formal criminal charges. A trial is more formal than a preliminary hearing and is the step where the defendant is formally tried and a verdict is reached. During the trial, the prosecutor and defense attorney will present evidence and testimony from witnesses. The judge or jury will then decide whether the defendant is guilty or innocent. The main difference between a preliminary hearing and a trial is that the preliminary hearing is an initial step in a criminal case, while the trial is where a verdict is reached. A preliminary hearing does not determine guilt, while a trial is the final step in the case and is where the judge or jury will decide the guilt or innocence of the accused.
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