What is a preliminary hearing for a defendant arrested and arraigned on a felony complaint?
California, United States of America
The following excerpt is from Favor v. Superior Court of San Bernardino Cnty., 273 Cal.Rptr.3d 824, 59 Cal.App.5th 984 (Cal. App. 2021):
A defendant arrested and arraigned on a felony complaint is entitled to a preliminary hearing. The purpose of the hearing "is to determine whether there is probable cause to conclude that the defendant has committed the offense charged." ( Galindo v. Superior Court (2010) 50 Cal.4th 1, 8, 112 Cal.Rptr.3d 673, 235 P.3d 1.)
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Other Questions
Does a magistrate have power to make inquiry into the guilt or innocence of a defendant at a preliminary hearing on a felony complaint? (California, United States of America)
If a defendant's request for reappointment of counsel for a preliminary hearing was rejected immediately before the preliminary hearing commenced, is such error harmless even under the beyond-the-reasonable doubt standard? (California, United States of America)
Does the absence of a witness from the jurisdiction of a preliminary hearing preclude a defendant from giving evidence at trial of his preliminary hearing testimony? (California, United States of America)
Can a defendant appeal against a finding that a motion to suppress evidence was successful because the trial court did not retain the exhibits introduced during the combined preliminary hearing and hearing on the motion? (California, United States of America)
If an officer had probable cause to arrest a defendant, would the search of that defendant have been a search incident to a lawful arrest? (California, United States of America)
Can a preliminary hearing be held on the basis that the prosecution attorney did not raise any relevant issues at the preliminary hearing? (California, United States of America)
Does the question of whether a defendant was a major participant in the underlying felony and acted with reckless indifference to human life apply only to defendants convicted of felony murder? (California, United States of America)
Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)
Can a jury make a preliminary determination of whether a defendant had the right to use force to defend himself under Cal.CRIM 3471? (California, United States of America)
How have courts interpreted "careful scrutiny" in a preliminary hearing where a defendant is denied the right to cross-examine witnesses? (California, United States of America)
