How can bail be set at a preliminary hearing?

UPDATED: Aug 22, 2011

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How can bail be set at a preliminary hearing?

I’m under the understanding that a preliminary hearing is to exhibit evidence of wrong-doing to determine whether a trial is needed?

Asked on August 22, 2011 Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In this country's criminal justice system the purpose of a preliminary hearing when a person is charged with a felony is to see if there is enough evidence for a reasonable person to believe that the person charged with that specific felony or felonies based upon the evidence presented by the prosecution will be held to answer for the charges.

The judge makes the decision based upon the evidence presented at the preliminary hearing if the defendant will be held to answer for the charges.

Bail would not typically be set at the preliminary hearing's conclusion. Usually, if the defendant is held to answer for the charges at the preliminary hearing and has been in custody, the court upon motion by the defendant's attorney will set a bail hearing after the preliminary hearing.

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