What to Expect at a Preliminary Hearing in Pennsylvania

In this post, we’ll explain what happens at a preliminary hearing, how it’s different from a trial, and how an experienced defense lawyer like Mark D. Hauser can use it to your advantage.

What Is a Preliminary Hearing?

A preliminary hearing is not a trial. No verdict is issued. No sentencing occurs. Instead, it’s a screening process where a judge decides whether there’s enough evidence to move your case forward to trial.

This hearing takes place in Magisterial District Court and typically occurs within 3 to 10 days of your arrest if you’re in custody (or later if you’re released on bail).

What Does the Prosecutor Have to Prove?

The prosecution doesn’t have to prove guilt beyond a reasonable doubt. At this stage, the goal is to show:

✅ A crime was committed, and
✅ There’s probable cause to believe you committed it

That’s a much lower standard than in a full trial. Still, your attorney can challenge the evidence and witnesses to argue that the case should be dismissed or downgraded.

What Happens During the Hearing?

Here’s what typically happens at a Pennsylvania preliminary hearing:

1. The judge reads the charges against you.

2. The prosecutor presents basic evidence—usually a police officer’s testimony and possibly a witness.

3. Your defense attorney can cross-examine the witnesses.

4. The judge decides whether there is enough evidence for the case to move forward.

Sometimes, charges are dropped or reduced at this stage—especially if the prosecution’s evidence is weak.

Can You Present Evidence or Testify?

Yes, but in most cases, your attorney will recommend not testifying at this stage. It’s often more strategic to reserve your defense for later.

However, your attorney may choose to:

• Present alibi evidence

• Introduce witness testimony that contradicts the state’s case

• Show that the charges are legally flawed

• Argue that certain evidence should be excluded

This can help negotiate better plea offers or even result in charges being dropped.

Do You Need an Attorney at a Preliminary Hearing?

Absolutely. This is not the time to go it alone. A skilled defense lawyer can:

• Cross-examine the arresting officer

• Catch inconsistencies or weaknesses in the case

• Challenge hearsay or illegally obtained evidence

• Argue for dismissal or reduction of charges

• Prepare the ground for pretrial motions or plea deals

Without legal guidance, you could unintentionally harm your case by making statements or waiving rights.

What Happens After the Hearing?

If the judge finds probable cause, your case is "held for court" and moves to the Court of Common Pleas for formal arraignment and trial preparation. You’ll receive a new court date and possibly face new bail conditions.

If the judge finds the evidence insufficient, some or all charges may be dismissed on the spot.

Tips If You’re Facing a Preliminary Hearing

• Show up early and dress respectfully

• Don’t speak to police, witnesses, or the prosecutor without your lawyer

• Let your attorney do the talking

• Be honest with your attorney about the facts—they’re here to help you

• Don’t panic: many cases are resolved favorably after the preliminary hearing

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

If you’ve been charged with a crime in Pennsylvania, your preliminary hearing is your first chance to fight back. With over 30 years of experience in Philadelphia courts, Mark D. Hauser has helped clients get charges dropped, reduced, or dismissed entirely.

Don’t wait until it’s too late—prepare early and prepare right.

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