Who hears preliminary evidence?
After the prosecutor formally files a felony complaint with the court, California law requires the judge to hold a preliminary hearing. This step in the criminal court process is often called a probable cause hearing.
What is the charging document called filed by a prosecutor prior to the preliminary hearing?
Arrest Reports and Criminal Charges The prosecutor will typically: determine that the case should be charged and file a “complaint” (the charging document may go by a different name) decide that the case should go to a grand jury, which will decide what charges, if any, to file, or. decide not to pursue the case.
What is the primary purpose of a preliminary hearing?
Preliminary hearings serve to protect the defendant from unfounded criminal charges—making sure the prosecutor has sufficient evidence to allow a criminal trial to go forward.
What are the possible outcomes of a preliminary hearing of a lawsuit?
A preliminary hearing usually has one of three outcomes: Go to trial. Most often, the defendant is held to answer (or “bound over”) for trial on the original charge. Reduced charges.
What exactly is being determined in preliminary investigation?
Preliminary investigation defined; when required. — Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
At which pretrial stage is a defendant asked to enter a formal plea of guilty or not guilty?
Arraignment
Arraignment. The suspect makes his first court appearance at the arraignment. During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead “guilty,” “not guilty” or “no contest” to those charges.
What are the 3 types of charging documents?
There are three types of charging documents: an Indictment, a Complaint, and an Information.
What happens at a preliminary inquiry?
Preliminary inquiries are hearings that take place before trial where the prosecution must show that there is sufficient evidence to justify proceedings to trial in the Court of Queen’s Bench.
What type of plea is most similar to a guilty plea?
A “nolo contendere” plea is a lot like a guilty plea; it carries the same fundamental consequences, but not the official admission of guilt. Defendants rarely plead guilty without first reaching an agreement with the prosecution.