Are juries typically present during a preliminary hearing?

• A. No jury present
• B. A jury present
• C. Jury determines motions
• D. Jury is optional

Answer: (A)

During a preliminary hearing the goal is to determine whether there is enough probable cause to proceed to trial. This is a non-jury proceeding in which a judge or magistrate serves as the finder of fact and decides if the case should move forward. The focus is on whether the evidence supports lifting the charges to the next stage, not on resolving guilt or innocence. Because of that, juries are not typically present at this stage. Note that in some jurisdictions a grand jury may be used to decide indictment instead of a preliminary hearing, but that involves a separate process and still isn’t a jury at a standard preliminary hearing. Motions and their outcomes are handled by the judge, not a jury.