A preliminary hearing is a court proceeding that takes place before a serious criminal trial. For offenses by minors, preliminary hearings are not acceptable.
On the other hand, in the case of an adult, the criminal charge is applicable, and it may result in 14 years in prison for a serious crime like assault or murder. If you have been charged with a crime, you should immediately consult a skilled criminal defense lawyer in Knoxville. We urge you to learn more from a criminal defense lawyer in Knoxville if you are a resident there.
Introduction to Preliminary Hearing
A preliminary hearing allows the court to evaluate if there is enough evidence against the defendant for a reasonable jury to convict if the judge orders it. If there is insufficient evidence, the accused will be discharged. In the majority of situations, this results in the lawsuit being dismissed.
A preliminary hearing is similar to a trial, except it usually takes a lot less time. By calling witnesses and presenting evidence, the Crown Prosecutor will offer evidence against the accused. The defense counsel will have the chance to question witnesses called by the Crown prosecutor. The purpose of the Crown prosecutor is to persuade the court that there is enough evidence to go to trial.
Preliminary hearings allow the accused to see the evidence against them and may assist in planning defense before trial, even though a few cases are dropped at this stage. They also show the strength of the case against the accused, which might help in the case’s conclusion.
The Best Way to Tackle Hearing in a Criminal Case
If you have been charged with an offense against which it is possible to have a preliminary hearing, it is better not to choose only one hearing. This is because you’re conceding that there’s enough evidence to go to trial, but you’re not admitting guilt. In addition, attending a preliminary hearing carries various risks; in other cases, such as if the evidence shows a more serious accusation, you may be forced to stand trial on both charges.
Does Every Criminal Case inKnoxvilleReceive a Pre-Trial Hearing?
No, if you’re charged with a crime in Knoxville, you won’t get a preliminary hearing unless one of these three things happens:
- For starters, if you are charged with a misdemeanor in Municipal Court, you will not be offered a preliminary hearing. Instead, the matter will be heard right away in front of a municipal court judge. If you lose your trial and wish to appeal, you can request a new trial, and the trial transcript will be treated similarly to the preliminary hearing record.
- Rather than granting a defendant a preliminary hearing, the Commonwealth of Knoxville indicts a grand jury regularly. The grand jury will next decide whether or not the defendant will be charged.
- In cases requiring long investigations by investigative grand juries, the Commonwealth may request to forego the preliminary hearing in particular circumstances and instead rely on the grand jury’s presentment. The defense commonly raises objections to this motion. However, there are just a few options for challenging the use of an indicting grand jury. First, the defendant can still file a motion to quash in this case.
So, most individuals charged with a crime in Knoxville are granted a preliminary hearing; however, this is not always the case.