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

In South Dakota, a preliminary hearing and a trial are both important aspects of criminal defense law. A preliminary hearing is often the first step taken after an arrest. During this hearing, a judge will determine if there is enough evidence to move forward with a case. The prosecutor must present facts that show a crime has been committed and that the defendant is likely to be the one who committed it. Evidence, such as witness testimony, is also presented. The defendant, or their attorney, can also present evidence, but it is not required. A trial, on the other hand, is the ultimate step before a verdict is reached in a criminal defense case. During the trial, the prosecutor will present evidence and call witnesses to testify. The defense team for the defendant will also present evidence and call witnesses to testify. The jury will hear both arguments and testimonies before making a decision as to whether the defendant is guilty or not guilty. In summary, the primary difference between a preliminary hearing and a trial is that a preliminary hearing is used to determine if there is enough evidence to move forward with the case, while a trial is used to ultimately reach a verdict.

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

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