Ace the 2025 MPOETC Act 120 Test – Unlock Your Badge-Worthy Skills Today!

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Question: 1 / 400

During a preliminary hearing, if both a felony and a summary offense are present, what can happen?

Both must proceed to trial

Either held or dropped

During a preliminary hearing, the presence of both a felony and a summary offense allows for flexibility in how the charges are handled. The magistrate or judge has the discretion to decide the fate of each individual charge. This means that one charge could be held for trial while the other may be dropped, depending on the evidence presented and the circumstances of the case.

The judge evaluates whether enough evidence exists to proceed with a felony charge, which generally requires a higher threshold of proof, while the summary offense, being less serious, is typically assessed with less stringent evidence requirements. Thus, it's entirely possible for one charge to be retained for further legal proceedings while the other is dismissed. This discretion supports the tailored approach of the criminal justice system, allowing for a more efficient and just resolution of cases based on the specifics of the evidence and allegations.

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Only the felony may be held

Only the summary offense may be dismissed

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