The Preliminary Hearing:

Almost every criminal case in Pennsylvania begins with a Preliminary Hearing. Whether it is a DUI arrest where a person was detained by law enforcement and subsequently released, or whether the charges are filed by law enforcement after an investigation, most people charged with a crime will receive a “Summons” directing them to attend a Preliminary Hearing. The Preliminary Hearing is held in a Magisterial District Court and is the first time that a Defendant will learn valuable information about the charges that they face.

At the Preliminary Hearing, the State will present evidence to support the charges that were filed. For example, in an assault case the State will usually have the victim testify as well as any other witnesses to the crime. The State does not need to prove the Defendant “guilty beyond a reasonable doubt” at the Preliminary Hearing; the State must prove only the most basic elements of the offenses. If the Judge agrees that the State has made out the most basic elements of the offenses, then the charges will be “held over” by the Judge. When the charges are “held over,” that means that the charges will move forward to the Court of Common Pleas for a trial. If the Judge is persuaded by the Defense that the State has not proven all the basic elements of the offenses, then the Judge may dismiss all, or some, of the charges.

The Preliminary Hearing is a crucial part to your case. Not only will a Defendant have their first chance to learn about the strength of the State’s case and discover various defenses to the charges, but it is also a great opportunity to have charges withdrawn or dismissed. Do not make the mistake of attending the Preliminary Hearing without proper legal counsel by your side.