{"id":13682,"date":"2018-02-11T22:08:24","date_gmt":"2018-02-11T22:08:24","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=13682"},"modified":"2018-02-17T04:11:00","modified_gmt":"2018-02-17T04:11:00","slug":"preliminary-hearing-or-grand-jury-proceedings","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=13682","title":{"rendered":"4. Preliminary Hearing or Grand Jury Proceedings:"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Judicial Proceedings<\/a> >>>> Criminal Proceedings<\/a> >>>> Arraignment<\/a>:<\/strong><\/span><\/p>\n

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\u00a0\u00a0\u00a0\u00a0 The government generally brings criminal charges in one of two ways: by a “bill of information” secured by a preliminary hearing<\/a>, or<\/span><\/em> via grand jury indictment.<\/span><\/strong><\/p>\n

charging instrument<\/span> – any of three formal legal documents by which a person can be officially charged with a crime: an indictment, information, or presentment.<\/span><\/strong><\/p>\n

presentment<\/span><\/a> – a written accusation returned by a grand jury on its own motion, without a prosecutor\u2019s previous indictment request, which may be used by the prosecutor as the basis for a true bill or indictment.<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 In the federal system, cases must be brought by indictment.\u00a0 States, however, are free to use either process.\u00a0 Both preliminary hearings and grand juries are used to establish the existence of probable cause.\u00a0 If there is no finding of probable cause, a defendant will not be forced to stand trial.<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 A preliminary hearing<\/a> (also known as a preliminary examination) is an adversarial proceeding in which counsel questions witnesses and both parties makes arguments.\u00a0 The judge then makes the ultimate finding of probable cause.\u00a0<\/strong><\/span><\/p>\n

probable cause<\/a><\/span> \u2013 a reasonable amount of suspicions, supported by circumstances sufficiently strong to justify a prudent and cautious person\u2019s belief that certain facts are probably true.<\/span><\/strong><\/span><\/p>\n

probable cause<\/span><\/a> \u2013 a reasonable amount of suspicions, supported by circumstances sufficiently strong to justify a prudent and cautious person\u2019s belief that certain facts are probably true.<\/span><\/strong><\/span><\/p>\n

preliminary hearing<\/span><\/a> – any number of “Probable Cause Hearings” to determine if there’s sufficient evidence to hold trial, or if any evidence ought be suppressed due to Fourth Amendment violation. <\/span><\/strong>\u2014 aka <\/span>preliminary examination<\/em><\/span><\/strong><\/span>;<\/span> probable-cause hearing<\/em><\/span><\/strong><\/span>;<\/span> bindover hearing<\/em><\/span>; examining trial<\/em><\/span><\/span><\/strong>;<\/span> felony hearing<\/span>.<\/em><\/span><\/strong><\/span><\/p>\n