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The preliminary hearing is conducted before a magistrate or a judge, were the prosecution presents its evidence and witnesses to the judge. The defendant or the defense counsel has the right to cross-examine witnesses and to challenge the prosecutor's evidence. Base on the evidence showed to the judge, the judge will make a decision if probable cause exists to be bounded over for trial.
An arraignment takes place after the preliminary hearing. At the arraignment, the judge informs the defendant of the charges and appoints counsel if it has not yet been retained. According to the 6th Amendment of the U...
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