What to Expect at Your Preliminary Arraignment in Philadelphia

Many people don’t know what to expect at this hearing, and the decisions made there can have long-lasting consequences. Here’s a breakdown of what happens during a preliminary arraignment in Philadelphia and how a criminal defense attorney can help protect your rights from the very beginning.

What Is a Preliminary Arraignment?

A preliminary arraignment is the first court appearance after you're charged with a criminal offense. In Philadelphia, this hearing typically happens within 24–48 hours of arrest and is often conducted remotely by video from the police district or local jail.

At this hearing, a bail commissioner (not a judge) will:

• Inform you of the charges against you

• Advise you of your rights

• Review the police affidavit of probable cause

• Set conditions for your release (bail, detainer, etc.)

• Schedule your next court date, typically a preliminary hearing

It is not a trial, and no evidence or witnesses are presented beyond the police paperwork.

Will a Lawyer Be Present?

In most cases, a public defender or court-appointed attorney will be available during the preliminary arraignment. However, if you’ve already retained a private criminal defense attorney, your lawyer can often appear or make contact beforehand to advocate for lower bail or ROR (release on recognizance).

This early involvement can be critical—especially if there’s a risk of being held on high bail or a probation detainer.

How Is Bail Determined at This Stage?

The bail commissioner will review:

• The severity of the charges

• Your criminal history

• Any open cases or warrants

• Your ties to the community (family, work, school)

• Whether you are a flight risk or pose a danger to the public

Based on these factors, you may be:

• Released on your own recognizance (ROR)

• Ordered to post cash bail or percentage bail (e.g., 10%)

• Held without bail if a detainer is in place (e.g., for a probation violation)

Your defense attorney can request a bail modification hearing later if the bail is unreasonably high.

What Happens After Bail Is Set?

Once conditions of release are set:

• You’ll receive a notice of your next court date, usually the preliminary hearing

• If you post bail or are released ROR, you’ll be released from custody

• If you’re unable to post bail, you’ll be held in custody until the hearing—or until your lawyer gets your bail reduced

The next step, the preliminary hearing, is where the prosecution must begin proving there’s enough evidence for your case to move forward.

What If You Miss the Preliminary Arraignment?

If you were charged via a summons instead of being arrested, you must still appear for your scheduled preliminary arraignment. Missing it will result in a bench warrant, and you can be arrested and held in jail until the court reschedules your case.

Why This Hearing Matters

While the preliminary arraignment is brief, it plays a major role in:

✅ Whether you're released or held in jail
✅ What conditions you're placed under (e.g., no contact orders, curfews)
✅ How quickly your case moves forward
✅ Setting the tone for future negotiations or motions

Having legal representation—either at the hearing or as soon as possible afterward—is essential to protect your rights.

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

If you or a loved one has been arrested or received a summons in Philadelphia, don’t wait. With over 30 years of experience, Mark D. Hauser knows how to advocate for fair bail, challenge detainers, and set you up for the best possible outcome—starting at your preliminary arraignment.

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