What is the difference between a preliminary hearing and a trial in criminal defense law?
A preliminary hearing and a trial in criminal defense law are two different proceedings that go through different steps and have different outcomes. A preliminary hearing is held early in the court process after a person has been arrested and charged with a crime. The preliminary hearing is conducted by a judge and determines if there is enough evidence to move forward with a trial. During this hearing, the defendant and their attorney can present evidence, cross-examine witnesses, and can request additional evidence. If the judge decides there is enough evidence to go to trial, the case is bound over to a higher court. A trial is a more formal proceeding that is usually held in front of a jury. Both the prosecutor and the defense present their evidence and witnesses and the jury determines a verdict of guilty or not guilty. In a criminal trial, if the defendant is found guilty, the judge will then issue a sentence. In Kansas, the potential penalties for a crime can range from probation to long-term incarceration. In conclusion, a preliminary hearing happens early in the criminal defense proceeding and is held before a judge to determine if there is enough evidence to move forward with a trial. A trial is a more formal proceeding held in front of a jury that will determine the verdict of guilty or not guilty for the defendant. If guilty, the judge will issue a sentence.
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