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

In criminal defense law, a preliminary hearing and a trial are two distinct legal proceedings. A preliminary hearing is a court proceeding in which a judge decides whether there is enough evidence to charge a person with a crime in the state of Virginia. At this hearing, the defense attorney can argue that the prosecution’s evidence is not strong enough to support the charges being brought forth. If the judge believes the prosecution has enough evidence to charge the person, the case will proceed to trial. A trial is a formal court hearing in which evidence is presented to a jury to determine the guilt or innocence of the accused. The prosecution must prove beyond a reasonable doubt that the accused committed the crime they are being accused of. The defense lawyer can present evidence and testimony to either show that the prosecution’s evidence is insufficient or that the person accused is not guilty. In summary, the main difference between a preliminary hearing and a trial is that a preliminary hearing is used to determine whether there is enough evidence to proceed with a trial, while a trial is when the prosecution must prove beyond a reasonable doubt that the accused committed the crime.

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