If the grand jury finds probable cause, the state issues an indictment against the defendant and he must stand trial for the charges. No judge is present but the grand jury is instructed to review the evidence according to a probable cause standard and determine whether there is sufficient evidence. The prosecutor presents evidence to a grand jury made up of members of the public. Some states use grand jury proceedings as an alternative to a preliminary hearing. The purpose of a preliminary hearing is to protect the accused from unfounded criminal charges. If the evidence is not sufficient to establish probable cause, the judge must dismiss the charges. The defense is not required to present evidence but may choose to do so to rebut the allegations against the defendant. What Is a Preliminary Hearing?Īt 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 defendant cannot be required to stand trial unless the prosecutor can present sufficient evidence to charge the defendant with the felony. 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. In any felony case, an arrest or a criminal complaint is not enough to require the defendant to stand trial for the crime.
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