![]() ![]() The burden of proof in a criminal prosecution at trial requires that the prosecutor prove guilt “ beyond a reasonable doubt”. The probable cause standard is much lower than the burden of proof at trial. At the conclusion of the preliminary examination, the district court judge will examine the evidence and determine if there is “ probable cause” to support the charges. A preliminary examination is an abbreviated hearing which is held before the district court judge without a jury. It is important to understand that a preliminary examination is not the same as a trial. As explained below, the preliminary examination hearing may be held or waived depending upon the circumstances of a particular case. The transcript may be later obtained by defense counsel to file a motion to quash (dismiss) or used at trial to impeach a witness (prior inconsistent statements) or to support a position. Because it is a critical stage of the criminal process, the preliminary examination is a recorded proceeding. The preliminary examination is held in the district court after the probable cause exam conference. A critical stage is one where the rights of the accused are entitled to protection by the United States Constitution. It is considered a critical stage of criminal proceedings. The preliminary examination is a hearing which is offered at the early stage of felony cases. Probable Cause Standard for Preliminary Examinations Our methods and strategies are based upon experience in actual case scenarios and the refinement of our craft since our firm’s inception in 1980. The information on this page provides insight and legal strategies utilized by ABDO LAW with respect to the preliminary examination stage of felony cases. ![]() Preliminary Examination –A Step That Applies Only to Felony Cases ![]()
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