FLETC Legal Practice Exam 2025 - Free Legal Practice Questions and Study Guide

The correct understanding revolves around the nature of the preliminary hearing in the criminal justice process. In many jurisdictions, a preliminary hearing is not mandated once a defendant has been indicted. An indictment is a formal charge or accusation of a serious crime that is typically issued by a grand jury. Once this step is completed, the legal proceedings may move directly to the arraignment and subsequent stages without the necessity of a preliminary hearing.

This is significant as the preliminary hearing generally serves as a check on the prosecution's case, allowing a judge to assess whether there is enough evidence to proceed to trial. However, when an indictment occurs, this layer is often bypassed because the indictment itself indicates that sufficient evidence has already been reviewed by the grand jury. Hence, the preliminary hearing is neither required nor automatically scheduled post-indictment.

Understanding this process highlights why the preliminary hearing can be omitted following an indictment, providing clarity on how certain procedural steps differ based on the specific circumstances of a case.