California, United States of America
The following excerpt is from People v. Long, E066388 (Cal. App. 2018):
"The purpose of a preliminary hearing is to determine whether a defendant charged with a felony by criminal complaint should be held for trial." (People v. Esmaili (2013) 213 Cal.App.4th 1449, 1459.) The prosecution's burden of proof at a preliminary hearing is " ' "reasonable and probable cause," that is, such a state of facts as would lead a [person] of ordinary caution or prudence to believe and conscientiously entertain a strong suspicion of the guilt of the accused.' " (Id. at pp. 1459-1460.) A preliminary hearing is not a trial. (Cooley v. Superior Court (2002) 29 Cal.4th 228, 251.) "[T]he magistrate's role is limited to determining whether a reasonable person could harbor a strong suspicion of the defendant's guilt." (Id. at pp. 251-252.)
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