Which participants are present at a preliminary hearing?

Which participants are present at a preliminary hearing?

• A. Judge, defendant, and jury present
• B. AUSA, defendant, and defense counsel present
• C. Defense counsel alone
• D. AUSA and judge only

Answer: (B)

The main idea is who actively participates in a preliminary hearing. This proceeding is to determine if there is enough probable cause to move forward, so the people involved are the prosecutor, the defendant, and the defense attorney who represents the defendant. The judge oversees the hearing, but when identifying the participants involved in presenting and contesting the issues at hand, the key trio is the prosecuting attorney (AUSA in federal practice), the defendant, and the defense counsel. A jury does not appear at this stage, since there is no trial yet. Therefore, the best description of who is present is the prosecutor, the defendant, and defense counsel.

The main idea is who actively participates in a preliminary hearing. This proceeding is to determine if there is enough probable cause to move forward, so the people involved are the prosecutor, the defendant, and the defense attorney who represents the defendant. The judge oversees the hearing, but when identifying the participants involved in presenting and contesting the issues at hand, the key trio is the prosecuting attorney (AUSA in federal practice), the defendant, and the defense counsel. A jury does not appear at this stage, since there is no trial yet. Therefore, the best description of who is present is the prosecutor, the defendant, and defense counsel.