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Question
Assume that a state, acting through the appropriate county prosecutor, plans to initiate a felony prosecution against Joe Beck. Further assume that the state is among those in which felony defendants may be charged by either of the two methods discussed in the text. Which of the following is an accurate statement?
A. If a preliminary hearing is held and the judge conducting it concludes that there is probable cause to believe that Beck committed the charged felony, the judge (who presided over the preliminary hearing) will find Beck guilty and sentence him accordingly.
B. If the prosecutor decides to follow the information route to initiating the felony prosecution, Beck is entitled to insist that a grand jury be convened to determine whether he should be prosecuted by the state.
C. If a preliminary hearing is held, the state must prove Beck's guilt beyond a reasonable doubt in order to carry its burden of proof at the preliminary hearing stage.
D. If a preliminary hearing is held and the magistrate conducting it concludes that there is probable cause to believe that Beck committed the charged felony, the magistrate binds over the defendant for trial in the appropriate court.
Answer
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