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Can charges be dropped at a preliminary hearing.
Preliminary hearings seek to prevent a defendant from having to stand trial for unfounded charges.
In any felony case, an arrest or a criminal complaint is not enough to require the defendant to stand trial for the crime.
How long is a preliminary hearing
Shortly after arraignment, the court must conduct a proceeding—a preliminary hearing or a grand jury proceeding—where the state is required to present enough evidence to establish "probable cause" to believe that the defendant committed the crime.
The defendant cannot be required to stand trial unless the prosecutor can present sufficient evidence to charge the defendant with the felony.
What Is a Preliminary Hearing?
At a preliminary hearing, a judge hears the state's evidence and decides whether there is sufficient evidence to require the defendant to stand trial.
The defense is not required to present evidence but may choose to do so to rebut the allegations against the defendant. If the evidence is not sufficient to establish probable cause, the judge must dismiss the charges. The purpose of a preliminary hearing is to protect the accused fro
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