Is there a federal right to a preliminary hearing to determine whether a case should proceed to trial?
California, United States of America
The following excerpt is from People v. Eid, 31 Cal.App.4th 114, 36 Cal.Rptr.2d 835 (Cal. App. 1994):
In the first instance, other than the probable cause hearing held to justify the continued detention of the accused, "there exists no federal constitutional right to a preliminary hearing to determine whether a case should proceed to trial." (Whitman v. Superior Court, supra, 54 Cal.3d at pp. 1078-1079, 2 Cal.Rptr.2d 160, 820 P.2d 262.)
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