If you have been charged with a crime in Pennsylvania, you may have heard the term “preliminary hearing” thrown around. The vast majority of people who have never been involved in the criminal justice system may be thinking to themselves, “what is a preliminary hearing?” or “do I need an attorney to represent me at a preliminary hearing?” At Johnson Duffie, our central Pennsylvania criminal defense attorneys are extremely experienced in representing individuals at preliminary hearings and are ready to assist you as you navigate the first steps of the criminal justice system.
In Pennsylvania, most individuals are initially charged through what is known as a “criminal complaint.” A criminal complaint is a document that is written by a police officer, which outlines the crimes a person is alleged to have committed. Preliminary hearings are held after an individual has been charged with a crime in Pennsylvania. Generally, preliminary hearings can be held anywhere from a few days after a person has been charged with a crime, up until weeks after the person has been charged. There are a variety of factors that determine when a preliminary hearing will be held. These factors include, but are not limited to, whether the individual accused is currently in jail in connection with the charges against them, police officer availability to attend the preliminary hearing, victim or witness availability, and court availability.
A preliminary hearing is the first time that the government is required to present evidence against an individual accused of a crime in Pennsylvania. The preliminary hearing is also the first time that a person accused of a crime has the right to confront those witnesses who may testify against them. It is important to note that a person cannot be found guilty at a preliminary hearing. Instead, the main function of the preliminary hearing is to determine whether the government can present a “prima facie” case against an individual accused of committing the crimes. A prima facie case has been established when the government is able to show:
The prima facie standard for a preliminary hearing is not nearly as high as the beyond a reasonable doubt standard needed in order to find an individual guilty of a crime.
Preliminary hearings are held before Magisterial District Judges (otherwise known as an “MDJ”). When the time comes for a preliminary hearing, the MDJ will listen to the police and/or witnesses that the government offers and determine whether the government has met their prima facie burden for the charges. It is always the government’s burden to establish that a prima facie case has been established. A person accused of committing a crime is not required to put forward witnesses or testify at a preliminary hearing. However, if the government puts on witnesses to testify, a person accused of a crime has the right to cross-examine those witnesses.
Generally, there are four different outcomes that can occur at a preliminary hearing.
The first outcome is that if a preliminary hearing actually occurs, the MDJ could determine that there is enough evidence to have the charges “held over” to the Court of Common Pleas. This outcome means that the charges move forward to the next level of court. Again, this is not a finding of guilt but rather, it is a determination by the MDJ that the government presented enough evidence for the case to move forward.
The second outcome if a preliminary hearing actually occurs is that the MDJ determines that the government has not put forward enough evidence for the case to move forward and ultimately dismisses the charges.
Third, the person accused of committing the crime could decide to “waive” the preliminary hearing and have the charges move forward to the next level.
Finally, the person accused of committing a crime could reach a plea deal with the government which usually means pleading guilty to lesser charges to resolve the case.
Having the right attorney represent you at your preliminary hearing is vital to ensuring that you receive the best outcome for your case. At Johnson Duffie, our central Pennsylvania criminal defense attorneys are prepared to fight on your behalf at your preliminary hearing. Whether that means contesting the evidence that the government has, working out a favorable plea deal for you, or strategically setting your case up for success down the road, you can trust the attorneys at Johnson Duffie to always have your best interests in hand.
Contact us today to schedule a confidential consultation and learn more about how our criminal defense attorneys can help you navigate your preliminary hearing.