How an Experienced Criminal Defense Attorney Can Help You at Your Preliminary Hearing

While not as important as your trial, your Preliminary Hearing is still a very important part of your trial proceedings. Every Defendant in Philadelphia, except those where a Grand Jury is used in a prosecution, is entitled to a Preliminary Hearing if they are charged with a Felony (the other counties in Pennsylvania are also entitled to Preliminary Hearings for Misdemeanors too).

So, what happens at a Preliminary Hearing in Philadelphia County? Essentially, a Philadelphia Municipal Court Judge (a Magistrate District Justice in the surrounding counties: Montgomery, Bucks, Delaware, and Chester) has to determine if the charges that have been filed against you should go forward to the trial stage of your criminal case.

This is done after the Commonwealth or the State puts on evidence in an attempt to establish that a “Prima Facie” level of proof has been established. This standard requires that the Assistant District Attorney prove 1) that it is more likely than not that a crime was committed; and 2) that the defendant committed it for each specific charge. It is important to note that the standard of proof at a Preliminary Hearing is much lower than it is in the trial of a criminal case, which is “beyond a reasonable doubt.” Given that, be aware that many people are held for court at a Preliminary Hearing but later are found not guilty at a criminal trial.

(The standard is supposedly “more likely than not that a crime was committed”, however, since the Judge does not assess the credibility of the witness (they have to assume that the witness is telling the truth) like they do at a trial – it is impossible in reality to evaluate what they hear and then apply that standard. In other words: How can you determine if it was more than likely than not that a crime was committed if the witness’s credibility is not assessed? Confused? That’s OK, so is everyone else that is involved.)

Are There Defense Witnesses in a Preliminary Hearing?

Witnesses are almost never put up in defense because it will not do any good since even if the evidence you put forth is credible, the Judge has to assume that the commonwealth’s witness’s evidence is credible. So, even if you decide to put up ten witnesses that say it didn’t happen the way that the Commonwealth witness says it happened it won’t change the outcome of the Preliminary Hearing. While this doesn’t seem fair, keep in mind that the defendant is not convicted of anything since it was not a trial.

Another concept that is different from a trial is that hearsay is often allowed in as evidence as long as it is reasonable to believe that the witness will be available for trial. Normally this is done in order to be more efficient such as in the case of police officers. Hearsay is “an out of court statement being offered for the truth of the matter.” This is normally not allowed into evidence (although there are several exceptions) in a trial of any type since it prevents the defense attorney from cross examining the person who is the source of the statement (who is out of court).

After the Commonwealth witness testifies the defendant’s attorney is allowed to cross examine the witness similar to a criminal trial. However, certain questions are not allowed such as questions that would go to a motion (such as a motion to suppress evidence) because they are considered to be part of the trial stage of a criminal case. Mark D. Hauser represents a plethora of cases. He can be your philadelphia sexual abuse lawyer and serve other criminal situations.

The Judge’s Decision and Arraignment

After all the testimony is concluded, the Judge makes a ruling on which charges should go forward to the trial stage and then the defendant is given a date for an arraignment (in Philadelphia it’s exactly two weeks later). If all the elements of the criminal statute of a particular criminal charge are not established, then those charges can be dismissed. Hence, none, some, or of all of the criminal charges can go forward to the trial stage of the criminal case.

Bail Adjustments After the Preliminary Hearing

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Bail can also be lowered or increased after the conclusion of a Preliminary Hearing depending on the circumstances. For example, bail can be lowered if significant charges are dismissed which would change the bail guidelines for the Judge to follow.