Final answer:
A Preliminary Hearing for a person charged with a felony typically occurs in trial courts with general jurisdiction at the state level. This hearing is to decide if enough evidence exists to proceed to trial, which may eventually lead to the selection of a jury if the case goes forward.
Step-by-step explanation:
When a person is charged with a felony, the Preliminary Hearing (PH) typically occurs in trial courts with general jurisdiction at the state level. During the preliminary hearing, a judge assesses whether there is enough evidence to proceed to a full trial. While the Fifth Amendment requires a grand jury indictment for federal felony prosecutions, many states use a preliminary hearing process instead for state-level crimes, where the right to a grand jury is not incorporated.
The primary purpose of the preliminary hearing is to ensure that there is probable cause to charge the individual with the crime. It acts as a safeguard against unwarranted accusations. In this process, both the prosecution and defense have the opportunity to present evidence and arguments, but it is less formal and less comprehensive than a trial.
If after a preliminary hearing the judge decides there is sufficient evidence, the case moves forward to the trial stage. At this point, if a plea bargain is not agreed upon, the next step would involve the selection of a jury and commencement of the trial proceedings where all rights outlined in the Sixth Amendment, including the right to a speedy and public trial, an impartial jury, and the Assistance of Counsel, are upheld.