79.2k views
0 votes
If, during a preliminary hearing, sufficient evidence is not available to show probable cause, the defendant can still be prosecuted at a later time when more evidence is available.

A) True
B) False

1 Answer

4 votes

Final answer:

The statement is True. If sufficient evidence to show probable cause is not available during a preliminary hearing, the defendant can still be prosecuted later if more evidence emerges. This is consistent with legal standards that require prosecution to prove cases beyond a reasonable doubt in criminal law.

Step-by-step explanation:

If, during a preliminary hearing, sufficient evidence is not available to show probable cause, the defendant cannot be prosecuted immediately at that time for the accused crime. However, the defendant can still be prosecuted at a later time when more evidence becomes available that sufficiently establishes probable cause.

During a preliminary hearing, the defendant is subjected to the charges against them, notified of the right to counsel, and given the opportunity to enter a plea. The Sixth Amendment ensures that a defendant is informed of the charges and evidence that will be used against him or her in the trial, so the defense can prepare adequately.

User Sargam
by
7.1k points