Preliminary Hearing

The Preliminary Hearing is a screening device and not meant to determine guilt or innocence where the judge hears evidence to determine whether there is probable cause exists to believe that the offenses charged in the criminal complaint was committed by the accused person. It is prosecution’s burden to prove probable cause. Probable cause is a very low burden of proof A judge’s finding of probable cause at the PH does not mean that at trial a jury would necessarily find that the prosecution had proven the case beyond a reasonable doubt.  At the PH the judge is required by the law to view all evidence presented in the light most favorable to the prosecution.  All conflicting evidence, all inferences, all close calls to be resolved in favor of the prosecution.  It would be unusual for the defense to put on evidence because it is likely in almost any case probable cause will be found.  

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Garlin Driscoll, LLC

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