Who presides over the preliminary hearing and what is the jury status?

• A. Judge presides; no jury present
• B. Magistrate presides; no jury present
• C. The court reporter presides; juries may be present
• D. Jury presides; no judge present

Answer: (A)

A preliminary hearing is a stage where the judge determines whether there is enough evidence (probable cause) to move the case toward trial. Because this step is about evaluating evidence and probable cause, it is handled by a judge, not by a jury. There is no jury present at this hearing, since its purpose is not to decide guilt but to decide if the case should proceed. In some systems a magistrate can perform similar duties, but the standard expectation reflected here is that a judge presides. A court reporter may record the proceedings, but that doesn’t affect who presides, and juries do not preside at this stage (they come into play at trial, or in a separate grand jury process for indictment in some jurisdictions).