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In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer.
[1] For example, if a law of ambiguous quality has been enacted but never applied, a case challenging that law lacks the ripeness necessary for a decision. The goal is to prevent premature adjudication; if a dispute is insufficiently developed, any potential injury or stake is too speculative to warrant judicial action.
After arresting the defendant, the police are required by law to bring the defendant to court within 48 hours (excluding court holidays) for the arraignment hearing. [12] The arraignment is a very short court hearing. At the arraignment, the judge will: Read what charges the District attorney has filed in court against the defendant (e.g.
The litigation, filed directly in the California Supreme Court in an unusual move, comes as advocates have grown increasingly frustrated by the documented inability of many courts to find and hire ...
So the California courts allow a defendant represented by court-appointed counsel to directly communicate with the trial judge in the context of a Marsden motion, and only in such a context. A Marsden motion is a formal request made by a criminal defendant to the court. The court hears arguments on the motion from the defendant and the attorney ...
An omnibus hearing is a pretrial hearing. It is usually held soon after a defendant's arraignment . The main purpose of the hearing is to determine the evidence , including testimony and evidence seized at the time of arrest.
A bench trial is a trial by judge, as opposed to a jury. [1] The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems ( Roman , Islamic ) use bench trials for most or all cases or for certain types of cases.
A hearing is a part of the court process in Australia. There are different types of hearing in a case. There may be several hearings, although not all may be scheduled. These include: [4] court mentions, where a case first is heard in court; [5] [6] and/or; directions hearing(s) (a brief hearing in front of a judge or commissioner); [7] and