What is the preliminary hearing? What is its purpose? When is it required?

What will be an ideal response?


A preliminary hearing is not required by the Constitution (Lem Woon v. Oregon, 229 U.S. 586 [1913]). It is up to each state to determine under what circumstances it is required. Fortunately, most states, as well as the federal government, require preliminary hearings, at least to a certain extent. Whether a preliminary hearing is required typically depends on a jurisdiction's method of filing criminal charges. In jurisdictions that require that charges be filed in the form of a grand jury indictment, no preliminary hearing is required if the prosecutor secures an indictment within a specified time period.

Criminal Justice

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