During which step in the pretrial activities does a judicial officer determine if a crime has been committed?

• A. Arraignment
• B. Discovery
• C. Motions hearing
• D. Preliminary hearing

Answer: (D)

The step being tested is the preliminary phase where the court checks for probable cause to proceed. In a preliminary hearing, the judge reviews whether there is enough evidence to believe that a crime occurred and that the defendant likely committed it. The prosecutor presents evidence, and the defense may challenge it; if the judge determines probable cause exists, the case moves forward to trial. If not, charges can be dismissed.

Arraignment happens after probable cause is established, to inform the accused of charges and take a plea. Discovery involves exchanging evidence between sides, not assessing whether a crime occurred. A motions hearing deals with legal issues and requests to suppress or suppress evidence, among other pretrial motions, rather than determining whether a crime occurred.