How does arraignment differ from the preliminary hearing and the probable cause hearing?
What will be an ideal response?
Probable Cause Hearing - The probable cause hearing is not required by the Constitution. Nevertheless, a probable cause determination needs to be made at some stage of the criminal process. If the arrest is by warrant, the hearing is not necessary. If the arrest is warrantless, then a probable cause hearing is necessary but only if a preliminary hearing is not set to take place immediately. Also, if the arrest is premised on a grand jury indictment, a probable cause hearing will not be necessary. The purpose of the probable cause hearing is to avoid unnecessarily lengthy detention unsupported by probable cause.
Preliminary Hearing - The preliminary hearing is required but only in limited circumstances and for certain offenses—usually felonies. If a prosecutor obtains a grand jury indictment within a short period of time, a preliminary hearing may not be necessary. On the other hand, if the prosecutor proceeds with information, then a preliminary hearing may be required.
Arraignment - Once a person has been charged with a crime, he or she will be arraigned. At the arraignment, the defendant will be noticed of the charges against him or her and be allowed to enter a formal plea of guilty, not guilty, or nolo contendere.
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