What is the burden of proof required at a preliminary hearing?

The burden of proof required at a preliminary hearing is probable cause. This standard is lower than "beyond a reasonable doubt," which is the threshold used during a criminal trial to secure a conviction. In the context of a preliminary hearing, the prosecution must demonstrate that there is sufficient evidence to warrant moving forward with the charges against the defendant. The purpose of this hearing is to determine whether there is enough evidence to establish that a crime may have been committed and that the defendant is likely responsible for it, thus justifying further legal proceedings.

Probable cause requires a reasonable belief, based on factual evidence, that a crime occurred and that the accused was involved. It is an essential standard in the early stages of the judicial process, as it protects individuals from being wrongly subjected to trial without sufficient evidence supporting the accusation. The other standards of proof mentioned, such as "preponderance of evidence" and "clear and convincing evidence," are used in different legal contexts, such as civil cases or certain administrative matters, but not in preliminary hearings in criminal cases.