NFPA Paralegal Core Competency Exam (PCCE)Substantive LawMedium
A paralegal is preparing for a client's preliminary hearing in a felony drug possession case. The primary purpose of this hearing is to:
- ANegotiate a plea bargain between the prosecution and defense.
- BDetermine the defendant's guilt or innocence.
- CDetermine if there is probable cause to believe a crime was committed and the defendant committed it.
- DAllow the defense to present its full case and call all witnesses.
Show answer & explanationAnswer & explanation
Correct answer: C. Determine if there is probable cause to believe a crime was committed and the defendant committed it.
The preliminary hearing is a critical stage in the criminal justice process where a judge determines if there is sufficient probable cause to justify holding the defendant for trial. It is not a trial to determine guilt or innocence.
Why the other options are wrong
- A. Plea bargaining can occur at various stages, but it is not the primary purpose of a preliminary hearing.
- B. Determining guilt or innocence is the purpose of a trial, not a preliminary hearing.
- D. The defense typically presents a limited case at a preliminary hearing, focusing on probable cause, not a full trial defense.
Preliminary Hearing
A criminal procedure hearing, typically before a judge, to determine whether there is enough evidence (probable cause) to justify holding the defendant for trial.
- Not a trial to determine guilt or innocence.
- Prosecution presents minimal evidence to show probable cause.
- Defense may cross-examine witnesses and present limited evidence.
- If probable cause is found, the case proceeds to grand jury or information filing.
Memory trick: Preliminary is 'P' for Probable Cause.