What is a preliminary hearing?

• A. A constitutional right to speedy trial
• B. Not a constitutional right; is a probable cause screening
• C. An evidence suppression hearing
• D. A trial before a jury

Answer: (B)

A preliminary hearing is a pretrial step that tests whether there is enough evidence to hold a person for trial by evaluating probable cause. It’s a screening process, not a guaranteed constitutional right, and it focuses on whether the state has enough evidence to proceed rather than determining guilt. During the hearing, the prosecutor presents evidence to establish probable cause, and the defense can challenge that showing. If probable cause is found, the case moves forward to the next stage (such as arraignment or trial); if not, charges can be dismissed or the defendant released. This is different from an evidence suppression hearing, which decides whether evidence is admissible, and from a full jury trial, which determines guilt or innocence. The speedy trial right is a separate constitutional protection concerning timely disposition of charges, not the existence of a preliminary hearing.