The Role of a Criminal Defense Lawyer in Preliminary Hearings

Here’s what to expect at a preliminary hearing in Pennsylvania and why having a lawyer by your side is essential.

What Is a Preliminary Hearing?

A preliminary hearing is held in Magisterial District Court (or Municipal Court in Philadelphia) after you’ve been charged with a misdemeanor or felony. The purpose is simple: to determine whether the prosecution has enough prima facie evidence to move the case to trial.

At this hearing, the judge does not decide guilt or innocence—they only decide whether there is sufficient evidence to support the charges.

What Happens at a Preliminary Hearing?

During the hearing:

• The prosecutor presents evidence, typically through police officer testimony

• The judge decides whether there is enough to send the case to Common Pleas Court

• Your defense attorney can cross-examine witnesses

• Your attorney may also present evidence or witnesses (though this is less common at this stage)

You are not required to testify, and your lawyer will likely advise against it.

The Power of the Preliminary Hearing

A strong defense at the preliminary hearing can:

✅ Get charges dismissed entirely due to insufficient evidence
✅ Lead to a reduction in charges (e.g., felony dropped to misdemeanor)
✅ Expose weaknesses in the prosecution’s case
✅ Preserve testimony for use later at trial
✅ Put your defense in a stronger position for plea negotiations

Even if your case proceeds, the hearing gives your lawyer a preview of the prosecution’s strategy, which is valuable for trial preparation.

How a Criminal Defense Attorney Helps

A defense attorney plays a critical role at the preliminary hearing by:

🔹 Challenging Probable Cause

Your lawyer will question whether the evidence actually supports the charges filed. For example, did the officer really have enough reason to believe you committed the crime?

🔹 Cross-Examining Witnesses

Even though the prosecution often only calls the arresting officer, your attorney can ask pointed questions to uncover contradictions or unclear facts.

🔹 Pushing for Dismissal or Downgrade

If the prosecution’s case is weak, your lawyer can argue for the case to be dismissed or for charges to be reduced before it ever reaches trial.

🔹 Preserving Testimony

Anything the officer or witnesses say during the hearing is recorded and can be used later to challenge credibility if they change their story at trial.

🔹 Negotiating Early

In many cases, your lawyer can begin early plea discussions—or use the hearing as leverage for a more favorable outcome.

Can the Judge Dismiss Charges?

Yes—but it’s rare unless your attorney aggressively challenges the evidence. The judge can:

• Dismiss the case entirely (rare but possible)

• Reduce charges to a lower-grade offense

• “Bind over” the case to Common Pleas Court for trial

Having an experienced lawyer increases the odds of a favorable decision.

What Happens If Charges Move Forward?

If the judge finds enough evidence, your case will move to Common Pleas Court (in most counties) or continue in Municipal Court (in Philadelphia). Your attorney will begin the pretrial phase, which includes motions, discovery, plea negotiations, or trial prep.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

The preliminary hearing is a critical stage in your criminal case—and you only get one shot at it. With over 30 years of courtroom experience, Mark D. Hauser knows how to challenge weak evidence, negotiate strategically, and protect your rights from the very beginning.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.