At a preliminary hearing, the Commonwealth will present evidence to the Magisterial District Judge to show that a crime was likely committed and that the defendant is likely the individual who committed the crime. This is called the Commonwealth’s prima facie case.
Our Montgomery County criminal defense lawyer can represent you at the preliminary hearing and try to show that the prosecution’s case is not strong enough to justify bringing your case to trial.
What Is a Preliminary Hearing?
PA Code Title 234 Chapter 5 Rule 542 outlines many of the laws pertaining to preliminary hearings. It also describes the basic purpose of the hearing, which is to allow the judge to make two basic determinations:
- Whether probable cause exists that the defendant committed the crime, and
- Whether to allow the case to move forward to the Montgomery County Court of Common Pleas
Defendants can waive the preliminary hearing and allow the case to proceed directly to the Court of Common Pleas. However, it is better if you consult our defense attorney before making such a critical legal decision.
What to Expect at the Preliminary Hearing
These hearings may vary somewhat based on the circumstances of your case, including what criminal charges you face. In general, however, they follow these steps:
Reading of Charges & Plea
Generally, the charges against you will be read aloud, and you have the option to enter a plea (e.g., guilty or not guilty). You do not have to make this decision by yourself or on the spot: by this point, you will have had a chance to consult with our defense team and will already know how to plead.
Presentation of Evidence
Though at some points a preliminary hearing may have the appearance of a trial, neither the defense nor the Commonwealth present their entire case at the preliminary hearing. The Commonwealth will lay out enough evidence to show the Magisterial District Judge that it is likely the defendant committed the crime for which they are facing charges.
For example, if you are facing a DUI, the Commonwealth may present a blood alcohol content (BAC) test result and evidence that shows you were operating the vehicle when stopped by the police. In other cases, the Commonwealth may present physical evidence of the alleged crime.
Our criminal defense attorney can examine any physical evidence presented during the preliminary hearing.
Witness Testimony
Witnesses, including police officers, may testify at preliminary hearings. The prosecuting attorney might ask them about:
- The investigation that led to your arrest
- Their experience as an officer
- The evidence that has been submitted to the court
Our law firm may cross-examine these witnesses with the goal of undermining their credibility or introducing reasonable doubt into their version of events.
Note that hearsay is allowed at these hearings. For example, a witness is allowed to testify not only about things they personally saw or heard, but also about things someone else told them about, even if they cannot personally confirm that this person’s statements are true.
The Burden of Proof Is on the Commonwealth
At a criminal trial, the Commonwealth’s burden of proof requires it to establish guilt beyond a reasonable doubt. At a preliminary hearing, the burden of proof is lower.
The Commonwealth must establish that it is more likely than not that the defendant committed the crime with which they are charged.
While it is understandably frustrating to listen to the prosecuting attorney make accusations against you, it is important that you behave professionally throughout the hearing. Our legal team recommends that you remain calm and do not speak unless specifically instructed to.
Possible Outcomes of a Preliminary Hearing
There are generally two possible outcomes at a preliminary hearing:
- Case dismissal: The Magisterial District Judge finds there is no probable cause that a crime was committed and/or that the defendant committed it, and thus dismisses the charges.
- Case moves forward: The Magisterial District Judge finds sufficient evidence of probable cause and allows the case to move to the Court of Common Pleas.
After the preliminary hearing, we can help you figure out next steps as necessary. While a dismissal could mean you get to go home without facing further charges or prosecution, going to court would require us to:
- Set up trial dates
- Select jury members
- Submit trial exhibits
- Prepare and question witnesses
- Present opening and closing arguments
In a jury trial, the rules of evidence are stricter than they are in a preliminary hearing, and the Commonwealth has even steeper requirements to meet to convince a jury that you are guilty.
The Role of Legal Representation in Preliminary Hearings
As a criminal defense law firm, it is our job to tell clients what to expect at all legal hearings, including arraignment hearings, pre-arraignment hearings, and preliminary hearings. We are very familiar with how the legal system works in Pennsylvania, which would make it easier for you to:
- Understand what happens at preliminary hearings and how to get through them
- Build a case strong enough to discredit the prosecution’s case
- Negotiate a fair plea agreement, if possible
- Present evidence in a way that the judge and jury will find persuasive
It is generally better to seek legal representation as early in your case as possible. This gives us more time to familiarize ourselves with the charges and figure out the best way of fighting back in the preliminary hearing and beyond.
Get Help From David McKenzie Before Your Preliminary Hearing
If you were arrested for DUI, drug crimes, theft crimes, or another criminal offense, call McKenzie Law Firm, P.C., for a free consultation. We can represent you at the preliminary hearing, after the preliminary hearing, or during any stage of the criminal proceedings.
