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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 24857
Experience:  10+ years defending Misdemeanor and Felony cases.
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Whats the difference between a trial and a hearing Thank

Customer Question

What's the difference between a trial and a hearing? Thank you.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 5 years ago.

Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

A trial is the final step in the criminal justice system. A hearing is used prior to the trial, to resolve any outstanding issues, motions, discuss plea deals and anything else that is relevant to the case and necessary to bring the case to trial and move it forward.

CrimDefense and 2 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Hi,

So...during a hearing procedure, is there a judge and/or a jury? Is the defendant present?

Also...is is possible that, during a hearing, it will be deemed that there is NOT enough evidence "to bring the case to trial and move it forward?"

Thank you.
Expert:  CrimDefense replied 5 years ago.
During a hearing, the Judge is present as well as the Defendant. In some instances, the presence of the defendant can be waived by their attorney, if the matter is not something which requires them to be present. No, during a hearing, that will not be determined. The prosecutor and the defense attorney, can discuss the evidence present and try and work out a plea deal based upon it or decide to go to trial and let the jury decide. If there was not enough evidence to move the case forward, it would not have been filed or prosecuted by the state. Thank you. If you have no further questions, please click the accept button, so I can get credit for my answer.
CrimDefense and 2 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you for clafiying.

Also...does EVERY case require a hearing? Or is it only in certain cases?

If it helps at all...the case I am thinking of is actually a "post-conviction" remedy where my friend needs to be granted an appeal.
Expert:  CrimDefense replied 5 years ago.

In your friends case, there would be a hearing, to determine if the appeal will be granted. It would also likely need to be present.

CrimDefense and 2 other Criminal Law Specialists are ready to help you