What is a Preliminary Hearing?

    What is a Preliminary Hearing?

    A preliminary hearing is typically the first step after you have received the summons or are arrested in the Pennsylvania criminal process.

    A prelim is the first opportunity for us to hear and see the initial evidence in your case. Short of taking a case to jury trial, we believe that the preliminary hearing is the most important hearing in the criminal process.  At the preliminary hearing, the Commonwealth must establish that they have enough evidence to proceed with a criminal prosecution. They do not need to prove your case beyond all doubt, they must simply show that a crime was committed and more likely than not you are the person who did it.

    Yes, you need a lawyer.

    If we are successful at the hearing, the case should be dismissed. But even when that does not happen, there are many positive benefits that can come from the hearing. It is a chance for us to lay a foundation for the Defense, by attacking the government's case, challenging witnesses, and committing the testimony to writing (through the use of court reporter) if we believe that is the best course of action to take.

    A great number of cases, the preliminary hearing is the first-and sometimes only-chance to have the charges dismissed or have the police were witnesses cross-examined. At this hearing, we have the ability to ask witnesses questions as well as the ability to call our own witnesses.

    In the worst-case scenario, if the hearing concludes that we are able to determine the strength of the government's case, we will be in a better position to determine the risk and likelihood of conviction, and then, we will be able to advise you accordingly. It is only after a review of the evidence that we are in a position to determine whether you should go to trial or work to find the best possible deal to plead out.

    Call a lawyer right away; you need protection.

     Call us at 717-651-9100.