Also known as: hold to answer · holding to answer · holds to answer · bound over for trial
Written by attorneys · grounded in primary & secondary sources — see below
A stage in criminal proceedings at which a magistrate determines that probable cause exists to bind the defendant over for grand jury review or trial on serious charges. The determination follows arrest or a preliminary hearing and requires the defendant to submit to further proceedings on the charges.
Harriet Hamilton is arrested on federal murder charges carrying the death penalty. A magistrate reviews the complaint and finds probable cause but no grand jury has yet acted. The government attempts to proceed directly to trial. The court halts the prosecution because Hamilton has not been held to answer on a proper indictment.
Holly Hayes is arrested on federal charges after a preliminary hearing. A magistrate finds probable cause and holds her to answer, directing the case to the grand jury. She moves to quash the subsequent indictment. The court denies relief because the constitutional prerequisite of being held to answer has been satisfied.
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Hazel Hoffman is arrested on a weapons offense. After a preliminary hearing the magistrate finds probable cause and holds her to answer on the charged crime. The government later seeks to add an aggravated element at sentencing. The appellate court rejects the addition because Hoffman was never held to answer for the enhanced offense by indictment or jury.
Hamid Hassan faces state capital murder charges. The prosecutor seeks the death penalty after indictment. Defense counsel argues the Fifth Amendment limits how the state may hold a defendant to answer for a capital crime. The court upholds the indictment as satisfying the constitutional prerequisite for proceeding.
Hassan Hakim is arrested for illegal reentry. After a preliminary hearing the magistrate finds probable cause and holds him to answer on the charged offense. The government later seeks an enhanced sentence based on prior convictions. The court rejects any requirement that the priors be proved to a jury before Hakim can be held to answer for the base offense.
Hannah Hale is bound over for trial after a closed preliminary hearing on felony charges. A newspaper moves to unseal the transcript. The court denies access, ruling that the hearing stage at which Hale was held to answer does not require public disclosure of all proceedings.
A defendant is held to answer once a magistrate sustains continued custody or release conditions after finding probable cause and directs the case forward for grand jury consideration. This step occurs after arrest or a preliminary hearing and triggers the constitutional requirement of an indictment for serious federal crimes.
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The Fifth Amendment grand jury requirement applies only to federal prosecutions. States may use other charging procedures such as information or preliminary hearings without violating the federal Constitution.
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The prosecution cannot proceed to trial. The court must dismiss the charges or require the government to obtain a proper indictment before the defendant can be held to answer for the capital offense.
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…existence of the capital sanction by imposing certain limits on the prosecution of capital cases: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury . . . ; nor shall any person be subject for the same offense to be twice put in jeopardy of…