What does a preliminary hearing determine?

A preliminary hearing is a critical step in the criminal justice process that primarily determines whether there is sufficient evidence to proceed to trial. During this hearing, the prosecution presents evidence to show that there is probable cause to believe that a crime occurred and that the defendant committed it. If the judge finds that there is enough evidence, the case is allowed to go forward to trial. This hearing is not about the final outcome of the case, such as penalties or sentencing; instead, it focuses on the essential question of whether the prosecution's case is strong enough to justify a trial.

The other options pertain to different aspects of the judicial process. Determining penalties typically occurs only after a conviction, during the sentencing phase. The timing of when sentencing will take place is also decided later in the process, often after a guilty verdict. Lastly, the decision regarding how long a defendant will remain in custody relates more to bail considerations or terms of detention and is not within the scope of what a preliminary hearing addresses. The focus is solely on evaluating the viability of proceeding to trial based on the evidence presented.