What is the difference between a preliminary hearing and a trial in criminal defense law?
A preliminary hearing is the first step in a criminal defense case in Texas and is when the evidence against the defendant is presented to a judge. During the hearing, the judge listens to the evidence and determines if the defendant should be required to stand trial. The purpose of a preliminary hearing is to decide whether or not the prosecutor has enough evidence to prove the charges against the defendant. A trial, on the other hand, is a formal court proceeding in which the defendant is formally charged before a jury or judge. At the trial, the prosecutor and defense lawyer present evidence and witnesses in an effort to prove or disprove the defendant’s guilt. The jury or judge then makes a decision based on the evidence and witnesses presented at trial. If the jury or judge finds the defendant guilty, they may be sentenced to a prison term or other penalty. If the jury or judge finds the defendant not guilty, they are released from the charges and are free to go.
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