Preliminary Hearings: Frequently Asked Questions
Las Vegas criminal defense attorney Parviz Heshmati can teach you about the basics of criminal law, including classification of crimes, tips on how to handle your arrest, types of evidence, and the language typically used and what it means.
Preliminary Hearing: Under what circumstances is a preliminary hearing part of a criminal case?
The Focus Of Preliminary Hearings
A preliminary hearing is usually held after a criminal arraignment. At the preliminary hearing, the judge decides whether the defendant will stand trial on charges. The judge bases his or her decision on the evidence presented by the state.
At the preliminary hearing, the judge need not decide the defendant's guilt or innocence. Instead the judge uses the probable cause standard to make a determination if the case should go to trial. Under the probable cause standard, there must be enough evidence to show that it is more likely than not that the defendant committed the offense. It does not need to be enough to convince a jury beyond a reasonable doubt that the defendant is guilty of the accused crime.
In Nevada, there is no preliminary hearing for a misdemeanor case. We only have preliminary hearings when the defendant is charged with a felony offense.
If you have been arrested or charged with a crime, Las Vegas defense attorney Parviz Heshmati may be able to best explain the preliminary hearing process in regard to your charges.
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