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.

Related FAQs

What is the difference between a misdemeanor and a felony in criminal defense law?
What is a motion to suppress evidence in criminal defense law?
What is the purpose of a defense attorney in a criminal case?
How can a criminal defense lawyer help negotiate a plea bargain?
How can an attorney challenge evidence in a criminal defense case?
What are the constitutional rights of criminal suspects in criminal defense law?
What rights do criminal defendants have to legal representation?
What is a motion to quash in criminal defense law?
What is the role of a criminal defense lawyer in a trial?
What is the role of a defense attorney in a criminal trial?

Related Blog Posts

How to Construct a Solid Criminal Defense Case - July 31, 2023
Proven Strategies for Successful Criminal Defense Lawsuits - August 7, 2023
Understanding Criminal Defense Law and its Impact on Your Case - August 14, 2023
Tips for Choosing the Right Criminal Defense Attorney - August 21, 2023
Crucial Steps to Take When Facing Criminal Charges - August 28, 2023