Miami Lawyer » Preliminary Examination Hearings and Pretrial Detention Hearings
Preliminary Examination Hearings and Pretrial Detention Hearings
The preliminary examination is a hearing on the issue of whether there is a probable cause to believe that an offense has been committed and that the Defendant committed it. However, if a person is arrested on an indictment, then there is no right to a preliminary examination hearing because probable cause has already been determined by a grand jury. Hearsay is admissible during these hearings as well as evidence that may have been acquired by unlawful means. Pre-trial Detention hearings occur when the United States Attorneys Office requests a federal judge or magistrate to hold a defendant in jail throughout the pendency of the criminal case. Factors such as flight risk of the defendant and the defendant’s dangerousness to the community are considered by the court during this type of hearing.