What rights does a defendant have at the preliminary examination of a charge of assault?

California, United States of America


The following excerpt is from Sims v. Superior Court (People), 156 Cal.App.3d 806, 202 Cal.Rptr. 816 (Cal. App. 1984):

A defendant charged with a felony has a number of rights at the preliminary examination, including the right to confrontation, the right to present a defense, and the right to have the magistrate cull out groundless charges. (People v. Brice (1982) 130 Cal.App.3d 201, 207, 181 Cal.Rptr. 518.) Although the complaint serves notice of the charges, it is "the totality of the evidence produced at the preliminary hearing which notifies the defendant of the potential charges he may have to face in the superior court." (Id., at p. 207, 181 Cal.Rptr. 518, emphasis added.)

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